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Category Archives: Georgia DUI Information

Georgia DUI Information

Victim Arrested for DUI After Officer Crashes into Her Car

It may come as a surprise, but these type of incidents do occur more often than they appear in the news. One night in February 2013, a Wisconsin deputy officer rolled past a stop sign and crashed into 25 year old Tanya Weyker’s car, breaking her neck in 4 places. “It was a miracle I wasn’t paralyzed,” Weyker remarked. Even before the authorities arrived at the scene, Milwaukee County Sheriff’s Deputy Joseph Quiles blamed Weyker for the accident claiming that she was drunk.

The officers questioned her and noted that her speech was slurred and her eyes were red and glassy. Of course her eyes were red and glassy —she had been crying from the pain of her injuries. Even though she was too injured to blow into a breathalyzer, they arrested her for DUI on FIVE charges!

tanyaThe only pretense the officers had to treat her as a suspected drunk driver, was Quiles false statement. Drunk driving defense expert Andrew Mishlove said “If Deputy Quiles hadn’t essentially blamed the accident on her,” Mishlove argues,” they never would’ve drawn her blood. They never would’ve arrested her.” After all, Quiles was the one who rolled at the stop sign and crashed into her car with such speed that she suffered fractures. In his official report, Quiles wrote that he made a complete stop at the stop sign and also looked both ways before continuing. He also wrote that he never saw the headlights on Weyker’s Toyota Camry, despite the fact that her lights always switched on automatically when the vehicle started. Quiles only suffered minor injuries at the time.

Later, however, he did file for permanent disability which is still pending, and he has not worked since the accident. Look at the time line of this case: Feb 2013- Tanya Weyker is severely injured by Officer Quiles and arrested for DUI Two days after the crash- Sheriff’s office obtained the surveillance video that showed Quiles was responsible for the crash. One month after the crash- Weyker’s blood test comes back negative for alcohol in her blood Five months after the crash- Weyker’s Chemical tests prove that she did not have any drugs in her body Five months after the crash- The District Attorney’s office declined to file charges against Weyker and Deputy Quiles had admitted that he was at fault. But no one informed Weyker of all this and she was left in the dark. Ten months after the crash- Sheriff’s Office interviewed Deputy Quiles who admitted that he “rolled” past the stop sign. Today (15 months later) - Weyker is still waiting for the County to pay her medical bills which could top a million dollars, but state law puts a cap of $250,000 on claims against government agencies. She has filed a separate complaint against the deputy who arrested her which could develop into a civil rights lawsuit against the County, for which there is no dollar limit on damages. Hats off to Tanya for fighting this all the way to court. Weyker has always been a fighter. At the age of 3, she was diagnosed with cancer. Multiple radiation treatments caused her spine to curve. Doctors attached metal rods to her backbone. Despite all this, she went through school and obtained a college degree. And she was a safe driver—without ever having a speeding ticket. Read the article here http://fox6now.com/2014/05/01/sober-driver-arrested-for-owi-when-deputy-crashes-into-her/ If you or someone you know was wrongfully charged with a DUI in Georgia, get a professional attorney to fight your case. Call The Law Offices of Douglas B. Chanco Today! 1-855-9-ATL-DUI

It may come as a surprise, but these type of incidents do occur more often than they appear in the news. One night in February 2013, a Wisconsin deputy officer rolled past a stop sign and crashed into 25 year old Tanya Weyker’s car, breaking her neck in 4 places. “It was a miracle I wasn’t paralyzed,” Weyker remarked. Even before the authorities arrived at the scene, Milwaukee County Sheriff’s Deputy Joseph Quiles blamed Weyker for the accident claiming that she was drunk. The officers questioned her and noted that her speech was slurred and her eyes were red and glassy. Of course her eyes were red and glassy —she had been crying from the pain of her injuries. Even though she was too injured to blow into a breathalyzer, they arrested her for DUI on FIVE charges!

The only pretense the officers had to treat her as a suspected drunk driver, was Quiles false statement. Drunk driving defense expert Andrew Mishlove say “If Deputy Quiles hadn’t essentially blamed the accident on her,” Mishlove argues,” they never would’ve drawn her blood. They never would’ve arrested her.”

After all, Quiles was the one who rolled at the stop sign and crashed into her car with such speed that she suffered fractures. In his official report, Quiles wrote that he made a complete stop at the stop sign and also looked both ways before continuing. He also wrote that he never saw the headlights on Weyker’s Toyota Camry, despite the fact that her lights always switched on automatically when the vehicle started. Quiles only suffered minor injuries at the time. Later, however, he did file for permanent disability (huh???) which is still pending, and he has not worked since the accident.

Look at the time line of this case:

Feb 2013 Tanya Weyker is severely injured by Officer Quiles and arrested for DUI

Two days after the crash- Sheriff’s office obtained the surveillance video that showed Quiles was responsible for the crash.One month after the crash- Weyker’s blood test comes back negative for alcohol in her blood

Five months after the crash- Weyker’s Chemical tests prove that she did not have any drugs in her body

Five months after the crash- The District Attorney’s office declined to file charges against Weyker and Deputy Quiles had admitted that he was at fault. But no one informed Weyker of all this and she was left in the dark.

Ten months after the crash- Sheriff’s Office interviewed Deputy Quiles who admitted that he “rolled” past the stop sign.

Today (15 months later) – Weyker is still waiting for the County to pay her medical bills which could top a million dollars, but state law puts a cap of $250,000 on claims against government agencies. She has filed a separate complaint against the deputy who arrested her which could develop into a civil rights lawsuit against the County, for which there is no dollar limit on damages.

Hats off to Tanya for fighting this all the way to court. Weyker has always been a fighter. At the age of 3, she was diagnosed with cancer. Multiple radiation treatments caused her spine to curve. Doctors attached metal rods to her backbone. Despite all this, she went through school and obtained a college degree. And she was a safe driver—without ever having a speeding ticket.

Read the article here http://fox6now.com/2014/05/01/sober-driver-arrested-for-owi-when-deputy-crashes-into-her/

If you or someone you know was wrongfully charged with a DUI in Georgia, get a professional attorney to fight your case. Call The Law Offices of Douglas B. Chanco Today! 1-855-9-ATL-DUI

Sobriety Checkpoints and Civil Liberties

The  fourth Amendment to the Bill of Rights states that: “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmations, and particularly describing the place to beContinue Reading

Driving Under the Influence of Prescription Drugs

Many people take doctor prescribed medications every day. And they drive. What is disturbing is that more and more drivers are charged every day for driving under the influence of drugs. But these are not illicit street drugs, just doctor prescribed medication . Even if you claim that you are taking lawfully prescribed medication, anContinue Reading

Breath Testing Machines are Inaccurate

Breath Testing Machines are Inaccurate

I really would like to know why Georgia persists in using breathalyzers to determine Blood Alcohol Content, while courts in other states have desisted or are questioning the accuracy of these devices and whether results obtained should be admissible. Georgia still uses the Intoxilyzer 5000 even though it is well known to be one ofContinue Reading

Police Will be Handing Out DUIs This Holiday Season

During the holidays, police will be on high alert for DUI through checkpoints and patrols.  If you are charged with DUI in Georgia, expect more this to affect you this coming year and for many years to come. The penalties for a DUI in Georgia for a first offense are: 1 year license suspension 10Continue Reading

Stand on One Leg or Get Arrested

If a police officer suspects you of drunk driving, they will likely ask you to perform the Standardized Field Sobriety Tests.  The problem is that these are not tasks that we do on a daily or even yearly basis.  For example, they will ask you to stand on one leg for 30 seconds without swaying. Continue Reading

Beware of DUI Checkpoints in Atlanta this Weekend

If you are going out this weekend beware of DUI checkpoints. It is common for police to setup checkpoints on major roadways in and around Atlanta during holidays.  With many Halloween parties planned for the weekend, the police will be out in full force. Before you go out, make sure to read: Georgia Drivers, KnowContinue Reading

Georgia to Add New Breath Testing Device

Beginning this October, the State of Georgia will begin transitioning from its current statewide breath testing machine, the Intoxilyzer 5000, to the manufacturer’s new model, the Intoxilyzer 9000. The manufacturer of the Intoxilyzer 9000 CMI, Inc and the Department of Public Safety are touting the new device as more advanced and more accurate.  However, theContinue Reading

Five Common Misconceptions made by First Time DUI Offenders

For many of the people I meet, a DUI is their first run-in with the law.  Most of the people accused are not hardened criminals or gang bangers.  A lot of them are common folk who made a bad decision. Because of their lack of experience in dealing with criminal proceedings, people often make theContinue Reading

Labor Day DUI Checkpoints in Georgia

Labor Day Weekend is one of the most traveled weekends of the year.  In response, police will be setting up DUI checkpoints in Atlanta and all over Georgia. As in the past, I will be listing the location of any DUI checkpoints I find so that the citizens of Georgia can make informed and responsibleContinue Reading