Riding Lawnmowers and Neighborhood DUIs in Atlanta Suburbs

In an average suburban Saturday afternoon, residents can be seen out in their yards, watering their lawns and grass with what they hope will be a cold beer in their cup holders on a riding lawnmower. The atmosphere is typically laid-back and friendly, from a large neighborhood house in Alpharetta to a wooded home in Marietta. A legal hazard, however, exists: A misconception that since a lawnmower isn’t a car, it’s exempt from strict rules of the road. The truth is that as soon as a mower leaves your private property and steps onto a public street, sidewalk or even a shared neighborhood shoulder, you are in danger of a life-changing arrest. Starting with an innocent trip to a neighbor or the completion of a chores can escalate into a full fledged charge as serious as Drugging a truck on I-285.

Georgia’s DUI laws are designed to be as sweeping as possible, and are intended to promote safety in the public places where all the state’s citizens share. The law clearly states that it is illegal to be in actual control of any moving vehicle while intoxicated. In fact, Georgia courts have repeatedly interpreted the definition “any moving vehicle” as encompassing non-conventional vehicles such as golf carts, ATVs and even riding mowers. Local law enforcement has the right to stop you if you are operating a mower on a public residential street after consuming a few drinks. The police don’t see it as a neighborhood quirk, they see it as a motorized vehicle being driven by an impaired driver on a surface where there are pedestrians and other cars.

This is one of the most complicated issues in these cases: What is a public roadway and what is private property? You can’t get pulled over for a DUI while mowing your own lawn, but once you’re near the street, it becomes a very tricky situation. By the way, even if they are merely crossing the street to assist their neighbour or driving down the grass verges of a public cul-de-sac, they are in a “publicly accessible” space. This allows an officer to start a DUI investigation. Officers argue that the driver is even more of a “less safe” threat to himself and the community because the mower can’t replace the safety features found in a car and the speed of the lawnmower plays into this as well.

The repercussions of having a lawnmower DUI are the same as a standard DUI. You’re facing a permanent criminal conviction, hefty fines, community service and worst of all, the loss of your driver’s license. The state of Georgia does not issue a special “lawnmower-only” punishment. If you are convicted, your privilege to drive your actual car to work and take your children to school is what is taken away. That’s why it is absolutely essential to have an experienced Atlanta DUI Lawyer on your side as soon as you are arrested. To defend these cases, a technical analysis of the stop and the argument that the area involved was not a public road under the law is required.

Over the last 30 years, Attorney James Yeargan has been handling these very special, very complex traffic offenses in the Metro Atlanta region. He knows that many of these incidents result from a lack of knowledge about the law. A good DUI Attorney Atlanta is able to vigorously challenge the evidence in the possession of the state by questioning the legality of the initial contact, and asking questions of the officer’s field sobriety tests, which are seldom designed to be conducted by someone who has been sitting for hours under the hot sun on a bouncy chair. An elite defense can often be able to challenge the “less safe” observations and the specific location of the arrest, and force the crime charges to be reduced or even dismissed.

If you’ve been arrested on a DUI while driving a lawnmower or any other non-traditional vehicle in the Atlanta suburbs, it can’t be taken lightly. You’ll be treated just like any other impaired driver and the consequences on your future will be just as bad. To be sure your rights are protected and that a misunderstanding in your neighborhood doesn’t cost you your license and reputation, you need an experienced Atlanta DUI Lawyer like James Yeargan. Don’t wait the 30 days to expire, take the professionals legal assistance that you need to overcome these suburban pitfalls.

Riding Lawnmowers and Neighborhood DUIs in Atlanta Suburbs

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