There’s a reason to believe that sleeping in a self-driving car is still a viable way to get hit with a DUI in Atlanta.There is a reason to think that sleeping in a self-driving car is still a viable way to get hit with a DUI in Atlanta.

As auto technology evolves at a lightning pace, a dangerous legal misconception has settled in the minds of drivers in the metro Atlanta area: using a semi-autonomous driving suite protects him or her from criminal penalties for impaired driving. The intersection of tech and motor vehicle law has reached a tipping point as thousands of vehicles with the latest in driver-assistance systems trace their daily commutes through the major traffic arteries, such as I-85, I-75 and Georgia 400. In many instances, drivers think they are able to put their eyes to sleep or hand over the wheel of their vehicle once they start using self-driving, autopilot or lane-keep assist systems despite being intoxicated. The assumption, in the eyes of the Georgia code, is totally wrong, extremely risky and is a direct route to a mandatory jail sentence.

The Legal Reality of Actual Physical Control

The state of Georgia doesn’t need to prove that the person had been actively trying to drive, push the accelerator, or make all the lane changes at the exact time of the traffic stop to secure a conviction of driving while intoxicated. Rather, O.C.G.A. 40-6-391 provides that it is unlawful for any person to be in actual control or to be driving any motor vehicle while intoxicated or while operating the motor vehicle under the influence of any drugs or alcoholic beverages.

The concept of actual physical control is a very broad concept that may easily include an impaired driver driving a vehicle that is on autonomous assist modes. Over the years, Georgia courts have read this requirement to mean that anyone who has the “immediate power” to start, steer, or control the motion of the vehicle is legally a driver of the car. The responsible party is still the human occupant, as the autonomous features of a modern car can take over instantly by flipping the steering wheel, hitting the brake and/or a tap on the control stalk.

Even if the vehicle is programmed to navigate itself, keep the pace set automatically and brake automatically for collision avoidance, the driver can still intervene at any time. The basic skill is what is meant by the term “actual physical control” in law. If your car is found sleeping the state will go all out to obtain a conviction, and securing the services of an accomplished Atlanta DUI Lawyer is essential to protect your rights.

The Anatomy of an Autopilot Traffic Stop

Police officials specifically train throughout metro Atlanta to recognize the distinctive driving habits of a car with an autonomous driving system if the driver is incapacitated. The autopilot system can keep the car in its lane and maintain a safe distance between it and vehicles in front, but is clinically rigid in doing so and stands out to veteran traffic officers.

An autonomous system will not always adjust its lane position to bypass small surface imperfections or potholes on the road; like an alert human driver. It makes path adjustments with mechanical perfection, which, ironically, can look very unnatural when operating during late-night hours when there is little traffic. In addition, when a driver becomes unconscious or completely asleep from drinking too much alcohol, he or she does not recognize the vehicle’s safety signals. The majority of contemporary cars need to be intermittently “steered” to ensure driver attention. The prompts remain unanswered for a specified amount of time, at which point the vehicle is designed to flash its lights, reduce its speed and stop the car immediately – either in the middle of a highway lane or on the very edge of a highway shoulder.

If the driver is found slumped over the wheel with the engine still running, their car is on the side of I-285 with the flashing lights on, it is then considered a Georgia state crime and a more thorough investigation is conducted immediately. A complex case like this requires a special type of Atlanta DUI Attorney because the state’s evidence must be analyzed to determine if the officer followed the appropriate procedures to prove that the car was actually in operation on a public roadway at the time of the arrest, and that the driver was chemically impaired.

Digital Evidence: Telemetry Data vs. Police Reports

The sophisticated computers used in today’s vehicles provide a new environment for building a strong defense. The police report in such cases usually looks one-sided and describes the driver as totally incapacitated and an immediate vehicle hazard. But the car’s onboard computer keeps track of a detailed, chronologically ordered record of the actions of all mechanical items, the readings of all sensors, and changes to all system statuses.

The telemetry data can be used as a tremendous asset in a successful defense. Telemetry logs can accurately capture the exact time of autonomous system engagement or disengagement, how much force was used on the pedals or steering column, and if the vehicle was moving or not when the driver’s mental state is said to have changed. It also can reveal issues with the system or software glitches that can have caused the vehicle to act in an erratic manner, which may have negated the officer’s assertions of human driving mistakes.

At the same time, these are powerful new digital items that demand a high level of technical sophistication to make the most of them. Any driver cannot take on an overarching piece of legal guidance, and it is important to hire an Atlanta DUI Lawyer who has a unique understanding of how to access the data from a vehicle and how to interpret the digital forensic evidence.

Strategic Technical Defense in Metro Atlanta

When you are charged with a crime that has to do with semi-autonomous vehicle technology, you will have a direct impact on the direction of your case with your choice of representation. James Yeargan provides the extremely technical and precise approach that is necessary to attack the state’s assumptions about actual physical control and autonomous operation.

His team aggressively cross-examines arresting officers on how modern systems work to assist a driver, as well as uses extensive logs of vehicle systems to show the weaknesses in the prosecution’s case. A belief that the fundamentals of auto mechanics are incorrect shouldn’t steer the remainder of your life. Call Atlanta’s top DUI Lawyer today to create a robust defense that’s designed for the modern digital era.