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Updated: 5:24 p.m. Friday, July 2, 2010 | Posted: 12:54 p.m. Friday, July 2, 2010
By Rhonda Cook
The Atlanta Journal-Constitution
University of Georgia Athletic Director Damon Evans will make his first appearance in Municipal Court July 12 to enter a plea on charges of drunken driving, illegal lane change and failure to submit to an alcohol test.
Atlanta Solicitor Raines Carter told The Atlanta Journal-Constitution that Evans must appear in court to resolve the driving under the influence charge and it’s not a traffic offense that can be resolved by simply paying a fine.
“The judge will formally announce his charges to him and he will be allowed to enter a plea,” Carter said “It’s just the first step in the process.”
Evans is meeting today with attorneys to plan his next steps. He sought advice Friday morning from Athens lawyer Ed Tolley who in turn referred him to an Atlanta attorney. Tolley said he cannot represent Evans because he already has a relationship with the UGA Athletic Association. Steve Weiner, who is experienced in DUI defense and with the Atlanta Municipal Court, is to meet with the 40-year-old Evans later Friday, according to Tolley.
Evans has been answering questions from the media since news came out that he was stopped on the suspicion that he was driving drunk.
A state trooper pulled over Evans’ 2009 BMW at 11:55 p.m. Wednesday near the intersection of Roswell Road and Chastain Drive because he appeared to be weaving. The trooper said he smelled alcohol on Evans.
The athletic director refused to submit to a test which means he will lose his license to drive within 30 days unless he can persuade an administrative law judge to reinstate it. Evans has 10 days to ask The Georgia Department of Driver Services for a hearing and as of Friday no such request had been made.
All three charges against Evans are misdemeanors, which allows for a maximum punishment of a year in prison and a $1,000 fine. State law also mandates 40 hours of community service and a drug and alcohol assessment, and possibly treatment of some kind for a DUI conviction. Georgia law considers a person intoxicated if their blood alcohol content registers at least .08.
A 28-year-old Atlanta woman was with Evans when he was stopped. Courtney Fuhrmann, described as a friend, was charged with disorderly conduct because she ignored the trooper’s order to stay in the car.
A court date for her was not showing up in the Municipal Court’s database, Raines said.
At a news conference Thursday, Evans apologized to his wife, Kerri; the University of Georgia and Bulldog fans.
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