I was driving back from seeing a friend, had a few beers and was driving back home when the cop pulled me over and arrested me for drinking under the influece. Placed me under arrest without reading my rights. He did a couple test on me like walking a line and saying the alphabet but I'm sure I passed them. My other citation was FTML , Open Containers, and Speeding. Is it worth me fighting this case or not? because I didn't have but 3 beers
You will definitely want to sit down and talk with a lawyer immediately as the officer probably wrote you down as a "refusal" which puts you in danger of having your license suspended for 1 year with no driving privileges. This suspension can be stopped if you act quickly.
First, cops don't have to read you your rights until they arrest you. That generally means putting the handcuffs on. Second, other than minor traffic tickets - if you didn't do it, don't plead to it. Third, hire local counsel. There are two national DUI organizations that have fine lawyers who you can hire for a reasonable price. When it comes to DUI/DWI, get someone who knows their stuff.
My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney.
You certainly have a defensible case. Our office is located in Cumming and we fight DUI cases made in Forsyth County. Make sure you understand the 10 day deadline and file your appeal on time- it sounds like you may have been marked as a "refusal".
Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.
Of course it's worth fighting, at least to the extent to see if a lawyer can get you a favorable outcome. Reading your rights means nothing in terms of the lawfulness of the arrest. If you were questioned and made incriminating statements after being placed in custody, then a failure to have your rights read would be relevant. Speak to a local lawyer experienced in DWI for a proper opinion on the case against you.
You have a defensible case but need to act quickly. I have handled quite a few DUI cases and can assure you that time is not on your side in terms of an aggressive defense. You have a ten day Letter which needs to go out, the ALS Hearing and Discovery and Motions which you need to begin discussing with your attorney ASAP. I would highly recommend calling someone today. There are many of us on here who are happy to help and all you'll need to do is call. Most DUIs are flat rate cases depending on the facts so it shouldn't cost you too much to get the help you need. Even if someone quotes you an exorbitant amount, it is worth the cost to get the experience and help you need. Do not go this alone. You will make a mistake you will regret for quite some time.
If you were bleeding profusely would it be "worth it" to bandage the wound? Of course it would.
Did this arrest happen more or less than 10 days ago? If more, then you may have already lost your right to drive a car for a year. You need to talk to a lawyer ASAP.
Yes, you need to fight the case. Miranda warnings rarely have any impact on a DUI case. That rule of evidence is so widely misunderstood--it's a rule of evidence regarding the admissibility of post arrest, custodial interrogations and the remedy is to exclude any such statements. The state rarely needs your post-arrest settlements to prove their case. It's just not like on TV. Get a lawyer so you can understand the REALITY of your case rather than your PIPE DREAMS.
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
Yours is not an uncommon scenario. Many DUI cases are made without a breath or blood test. You definitely need to fight this case as you may be able to get a reduction, or win at trial. You also have 10 business days from your date of arrest to file an appeal to keep your license from being suspended for 12 months with no limited permit. Also, Miranda Rights do not apply in most arrest situations. The officer does have to read you the Georgia Implied Consent Notice after he has arrested you in order for your refusal to submit to testing to be admissible. To learn more about DUI Law in Georgia please watch my informative video at http://atlantaduilawyer.com/dui_video/georgia-dui-laws-explained/
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
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