Morris Jones, a Troup County commissioner, was arrested on December 1, 2018. He was booked at 9:42 p.m. and released on bond that same evening. Jones represents District 4 is currently serving in his fifth term as commissioner.
The Post Commander at the LaGrange Georgia State Patrol Office stated that Jones was treated just as any other drunk driver would be during an arrest. Jones was pulled over while driving his vehicle on Highway 109.
Jones is charged with DUI, failure to maintain lane, and due care while operating a motor vehicle.
If you or someone you care about has been arrested for DUI or a related traffic offense in the State of Georgia, an experienced Cherokee County DUI attorney can defend your case to protect your rights.
Driver to Exercise Due Care
Georgia law requires drivers to operate motor vehicles with a certain standard of care, pursuant to O.C.G.A. 40-6-241.
A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle, provided that, except as prohibited by Code Sections 40-6-241.1 and 40-6-241.2, the proper use of a radio, citizens band radio, mobile telephone, or amateur or ham radio shall not be a violation of this Code section.
This charge, commonly associated with DUI charges, can add to the complications and headaches of dealing with a DUI charge.
Interpretation of Law Enforcement
Much of the charging process for this particular traffic offense depends on the interpretation of the facts by the citing police officer. Law enforcement has a great deal of discretion in deciding whether a driver was operating a vehicle with "due care."
A police officer may think that you are distracted while driving due to the following activities.
- Working the radio.
- Checking your phone.
- Talking on your phone.
- Eating while driving.
- Dealing with children in the back seat.
- Looking at flashing lights, billboards, or other roadside distractions.
- Looking at the passenger of the car more than the road.
Because the observations of law enforcement are so critical to the charge of "due care," most of the evidence against you for such a citation would come from the police officer's testimony.
Defending Against the Charge
There are several different ways that you can defend yourself against a pending charge of failure to exercise due care. A person may argue
- the driver's behavior was safe and appropriate under the circumstances,
- insufficient evidence exists to prove the driver failed to exercise due care, or
- the officer was mistaken in what he or she believed he or she saw happening in the vehicle.
Defending your case could prevent the imposition of fines as well as points on your license.
Contact a Cherokee County DUI Attorney
Defending yourself against charges of DUI, failure to exercise due care, or any other related offenses can protect your liberties, and your right to drive.