A city councilman in Canton, Georgia, faces a charge of driving under the influence. He also was charged with failure to maintain lane.
He is vowing to fight the charges.
According to public records, the councilman was driving along Reinhardt College Parkway in the city when he was pulled over by police for failing to maintain his car in the lane of travel.
According to police records, the Canton police officer reported that the 40-year-old councilman was driving a 2015 Tesla that was swerving “within its lane and from side to side.”
The councilman told the officer he hadn’t had anything to drink, but later said he had two drinks. After agreeing to a breath test, he reportedly had a breath alcohol content of 0.119. The legal limit in the state is 0.08, according to police reports.
His attorney, however, has filed a motion to suppress evidence in Cherokee County State Court on the grounds that a field sobriety test was given without notifying the councilman that the test was voluntary. The motion also contends that the officer didn’t have probable cause to investigate anything but the alleged failure to maintain the proper lane.
The Canton city manager said the city was aware of the councilman’s arrest and wouldn’t comment while the judicial process goes on.
Police must follow certain procedures in every arrest, and sometimes they make mistakes. It will be up to a judge in Cherokee County to determine whether proper protocol was followed in this case and that the councilman’s rights weren’t violated. This will be an interesting case to watch as it moves forward.
Anyone who is arrested on drunk driving charges should contact an attorney as soon as possible.