DUI Prescribed Drugs requires proof of Incapable of driving Safely | Douglasville DUI lawyer

In State v. Kachwalla, 274 Ga. 886 (2002) the Supreme Court Georgia found decision in love v. State 271 Ga. App. 98 was concerned only with the disparate treatment afforded those drivers that were charged under the per se violation of OCGA 40-6-391(a)(6) And the Court upheld the constitutionality OCGA 40-6-391(a)(2) against the charge it violated equal protection. The cost while a court was faced with an equal protection challenge based on the fact DUI prescription drugs called for a higher standard under subsection B than the other subsections. The Supreme Court Georgia avoided equal protection challenge altogether by concluding that less safe to drive and rendered incapable of driving safely were equivalent standards,legally, historically, and semantically. Therefore, a defendant accused of violating the statute which prohibited a person from driving while under the influence of any drug to the extent it was less safe for defendant to drive did not suffer disparate treatment in violation of equal protection, even though another statute set forth that a person charged with DUI and was legally entitled to use a drug other than alcohol did not commit DUI unless such person was rendered incapable of driving safely.  A criminal defense attorney in Douglasville will argue all the points to show that the Defendant in teir case was capable of driving safely.Douglasville lawyer