The Orange County Criminal Lawyer Blog
A congressional candidate in Georgia who was arrested and charged for allegations that he was driving while intoxicated has decided to act as his own legal representation in the case.
Steven Lamar Foster is a 61-year-old man who is currently running as a candidate for the Democrat party in Georgia’s 14th Congressional District.
Foster, a former physician, was reportedly the patron of a local Applebee’s on September 23, and when he was leaving the establishment in his vehicle he was pulled over by law enforcement because he allegedly did not have his headlights on.
Records of the incident reflect that Foster’s account of what took place after he made contact with the officers varied greatly from what was reported.
Near 2:30 a.m. when Foster was approached and questioned by the officers who pulled him over he reportedly explained that he had a couple of drinks inside of Applebee’s and then carried on a conversation with some Hispanic gentlemen before he left the bar. He said that it did not occur to him that he should turn on his headlights due to the well-lit surrounding roads.
According to Foster, he did not agree to a breath test due to his belief the machines are rather inaccurate for determining a person’s blood alcohol content. He said that he was given the test a total of four times and that the first three times came back with inconclusive results. The fourth and final test reportedly recorded a .103.
The officers who were present with Foster reported that they did pull him over because of his headlights, but that Foster told them that he would submit to a breathalyzer if they desired. The police stated that they were unsure why he would have thought they wanted him to take a breath test, and that is when Foster mentioned that he had a couple of drinks at Applebee’s.
Foster was asked to partake in a nine-step walk sobriety test and he allegedly stumbled a couple of times while he counted out his steps in Spanish and continued beyond the designated nine steps.
Officers also said that Foster blew into the machine only two times and not four and that the first test was inconclusive but the second one did display a blood alcohol content of .103.
Foster was taken into custody and reportedly demanded a blood test, so he was first brought to the Hamilton Medical Center where they complied. He was then taken to the Whitfield County Jail on suspicion of DUI.
The blood test results allegedly reflected the same .103 blood alcohol content that the breathalyzer was said to have recorded. Foster, who is representing himself in the case, asked for a sample of his blood so that he could have it tested at a second location, but he was not granted his request because no additional vials were drawn. Based on his medical knowledge Foster has made it known that he finds it highly suspicious that the blood and breath tests would yield the same results.
On Thursday, Foster filed a motion to have the charges dismissed based on his posit that his rights were violated when he was denied the sample of his blood for testing.
On July 27, three days before his scheduled jury trial, Foster has a hearing regarding the dismissal.
If you or someone you love is suspected of DUI, contact Orange County criminal defense lawyer Staycie R. Sena at (949) 477-8088 for a consultation now.