But Cross' attorney Michael Penn said Cross is denying the allegations that he was under the influence or put his son in danger.
“He's a longtime resident of Alpharetta, a respected member of the community, a respected city councilman and a respected member of the bar,” Penn said. “He would never do anything to put his child in danger or the other motorists on the road.”
The report states that Cross was pulled over on Wills Road by an officer after a 911 call was placed about a driver who was "driving erratically and all over the road."
The arresting officer reported that he observed a 7-year-old boy in the Ford Explorer and said in the report that it appeared the "child was not properly secured in the seat."
The report states that the officer could smell alcohol coming from the vehicle and from Cross, but Cross said he had one beer hours before and did not think the officer had "probable cause to pull him over."
According to the report, Cross' child and vehicle were turned over to his wife, and Cross was arrested for DUI.
The report says Cross refused to submit to a Breathalyzer test several times and was issued citations for DUI Less Safe, DUI endangering life of a child, child safety seat violation and failure to maintain lane.
Penn said Cross will be contesting the charges and “exercised his right to not participate” in the breath analysis.
“We're hopeful it will get resolved in his favor,” Penn said.