Marietta Man Arrested and Charged with DUI Offenses After Train Hits Car on Train Tracks

A Marietta man has been charged with Driving Under the Influence (DUI) offenses after police believe he left his car on a train track, and some residents and drivers in Marietta are scratching their heads and wondering how the man was charged under Georgia laws. According to local news reports, earlier this spring on Monday, April 21, a 22-year-old Marietta man was reported to have been arrested and charged with Driving Under the Influence and making an illegal stop, after police say that he left the vehicle on nearby train tracks. The vehicle was reported to have been found by police after it had been “pushed” by a train, but not off of the tracks, at the train crossing near Marietta Parkway, in Marietta. Reports indicate that the train actually collided with the car on the train tracks near the area of Powder Spring Street and Waverly Way. The 22-year-old man was reported to have been found by Marietta police “a few blocks away,” and he was arrested and charged. The man’s identity has not yet been released to the public. As of the time of the most recent reports, it remains to be seen whether there will be a conviction in the case, and whether any other charges will be filed.

Can Marietta Drivers be Convicted with DUI Offenses Even if They Left Their Vehicles?

On the heels of the recent story involving the 22-year-old Georgia man who allegedly left his car on the train tracks and was charged with DUI offenses, some individuals and drivers in Marietta are wondering if a person can be convicted of a DUI offense under Georgia laws, even if they were not actually operating a vehicle at the time of their arrest. The truth is that under Georgia laws, even if you are not actually driving your car or other motor vehicle, if you are deemed to have been in “actual physical control” of it while you were intoxicated, you may be charged and convicted with a DUI. The Code of Georgia states that, “A person shall not drive or be in actual physical control of any moving vehicle while…Under the influence of alcohol to the extent that it is less safe for the person to drive….” As such, it will likely depend on the circumstances of the individual case as to whether a person is actually found to have been in “actual physical control” of their car or other vehicle, when they were intoxicated.

Defending Yourself Against DUI Charges in Marietta – Marietta DUI Lawyer

If you are in the Marietta area and you were charged with a DUI offense, do not wait to get help with your case today. The experienced Marietta DUI defense lawyers at Arca Law are here to help those charged with DUI offenses in Marietta get justice. Contact Arca Law today and speak to a lawyer about your rights and options under Georgia laws today.

Source:

wsbradio.com/news/crime-and-law/man-charged-with-dui-after-train-crashed-into-car-he-left-tracks-marietta/HYYM7FCYEFBLZMKTDPRGGOO4II/