Hall County residents seek to recall Sheriff Gerald Couch following DUI arrest

A group of Hall County residents is racing to collect enough signatures to recall Sheriff Gerald Couch following his DUI arrest and a second arrest earlier this year.

Meanwhile, Couch's attorney is asking an appeals court to keep additional evidence out of his DUI trial.

Melanie Garrish said she started the petition after Couch's second arrest, which involved an alleged violation of the limited driving permit he received following his February DUI arrest.

"He was not maintaining his lane, and he was driving," Garrish said. "He was supposed to have the breathalyzer on his car. Well, he wasn't in the car with the breathalyzer on it."

Garrish said people in positions of authority should be held to a higher standard.

Court records obtained by CBS News Atlanta show that a judge ruled in July that prosecutors had not justified the search of Couch's vehicle without a warrant. Evidence found during that search cannot be used at trial.

However, the judge ruled that officers lawfully entered Couch's property and did not improperly extend the traffic stop. The judge also found that Couch voluntarily participated in field sobriety tests and agreed to a blood test.

The Georgia Court of Appeals granted Couch's request to challenge the parts of the ruling that went against him. His attorney is now asking the court to exclude additional evidence.

Couch's trial was scheduled for Sept. 21, but the case is on hold while the appeal is considered.

Garrish said the recall campaign needs 42,080 signatures by Sept. 2. As of Friday, she said the group had collected about 2,200.

"We started it, and we want to finish what we started," Garrish said.

In a previous statement to CBS News Atlanta, Couch's attorney said the sheriff remains "fully confident in the work of his office and in his ability to continue serving as sheriff of Hall County."

The attorney said Couch respects those who have raised concerns but intends to remain in office.

CBS News Atlanta contacted Couch on Friday for an updated response but did not hear back