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Cross found not guilty of DUI


Councilmember exonerated



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Cross (click for larger version)
January 24, 2014
ALPHARETTA, Ga. Alpharetta Councilmember Michael Cross was found not guilty of DUI Friday Jan. 24.

Fulton County Judge Patsy Porter heard arguments and, within three hours, declared Cross innocent.

"I am understandably happy with the result," Cross said Friday.

Cross was pulled over Feb. 23 after a witness called police, saying he was driving erratically, possibly drunk. Cross refused to take part in sobriety tests. He was subsequently arrested for DUI.

His young son was in the SUV at the time.

Cross always maintained his innocence.

He said he was with his wife and family the day of his arrest, shuttling children to and from sports and extracurricular activities. Because of this, he and his wife took separate vehicles.

"If there was any possibility that I were impaired whatsoever, she would not have let me drive and she certainly would not have let me drive my son," Cross said.

He attributed the error to a witness who mistook his vehicle for another one that was allegedly driving drunk. The witness stated he lost sight of the suspect vehicle.

"By the time the [arresting] officer got there he was so convinced something wrong had happened that he was predisposed to making an arrest," Cross said.

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Tags: Crime, Government & News & Crime

  1. report print email
    Outstanding!!
    January 24, 2014 | 10:09 PM

    I'm glad for you sir and I'm glad to see justice done.

    Andrew
    Johns Creek
  2. report print email
    Not convinced.
    January 25, 2014 | 02:26 PM

    Does his refusal to cooperate and take breath/blood tests mean nothing? Witness who phoned in mean nothing? Officer's credibility mean nothing? If he was so innocent why not take the tests and prove innocence on the spot?

    Roger
    Alpharetta
  3. report print email
    Not a police state
    January 27, 2014 | 10:11 AM

    Roger, we do not live in a police state. Individuals should not be submissive to any police request. The judge got this right.

    An observer
    Johns Creek
  4. report print email
    Re: Not a police state
    January 27, 2014 | 11:06 AM

    An observer, while you are correct we do not live in a police state, there is also no right to driving. That said, driving a motor vehicle is a privilege, and I for one do not want to share the roads with a person who may possibly be intoxicated. Not only did Cross put himself in harms way, he put his child, and the general motoring public in harms way as well. In addition, I do not know you, but let me ask you this, would you be one of the first persons to complain that Alpharetta PD was not doing their job had he killed someone?

    Cole
    Alpharetta
  5. report print email
    police state
    January 27, 2014 | 02:57 PM

    @Cole...sounds like you're the judge and the jury? If you read further, the judge admonished the prosecutor for even bringing this case to court. Sounds like you've never been wrongly charged with anything, as Mr. Cross obviously was...please keep in mind, he's innocent until proven guilty and in this case he stood up for his rights...Good for him.


    Brian
    Alpharetta
  6. report print email
    Re: Police state
    January 27, 2014 | 03:48 PM

    Brian, reading further seems to illustrate that the Judge had already made up her mind on this case. For the judge to imply there was not probable cause is simply ridiculous. Cross did not maintain his lane of travel in a safe manner and such, that violation warranted further investigation, especially since there had already been a 911 call made in reference to his driving. From there, the officer deemed him unsafe based on the manifestations of Cross. I certainly believe the officer's version of events as opposed to Cross. Again, driving is a privilege, not a right, and I fully believe Cross to have been under the influence based on the written articles and testimony.

    Cole
    Alpharetta
  7. report print email
    sad
    January 29, 2014 | 11:06 AM

    The politically well connected are not treated like the rest of us. Repugnant. If I'm sober I take the test. He knows he is a liar who got away with driving our streets while drunk. And we know too.

    Frank Gorman
    Alpharetta
  8. report print email
    5th Amendment
    January 29, 2014 | 04:53 PM

    Any attorney (and Mr. Cross is an attorney)would tell you NOT to submit to any alcohol tests, especially if you have had any alcohol...which Mr. Cross had admitted he had had alcohol earlier in the day. You are protected by your 5th Amendment right against self-incrimination. The Constitution grants this right quite simply: "[No person]!shall be compelled in any criminal case to be a witness against himself!"

    Msdahmenor
    Cumming
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