Do we need to get a lawyer for her court dateSorry I meant to say she told the officer she did not drink any alcohol he gave her the hgn test a citation anyway no blood test or breathilizer not taken to jail this happened in Murfreesboro tn
I am always biased in favor of retaining your own attorney. If this is not an option contact the public defender's office and explain your situation.
Timothy K. Hobbs II
Attorney at Law
Hobbs Law Group
The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.
Yes, you should. The admission to drinking doesn't help. Having an officer testify that there were a high number of clues on the HGN, without challenging how the test was conducted, can be very damaging to the case. The HGN has gained a level of scientific approval that causes it to be given a lot of weight.
This response is for informational purposes only and does not create an attorney-client relationship. Please note that the information I provide is for the state of Georgia only and should not be used for any purpose in any other jurisdiction.
Although this is a lower level misdemeanor charge, it is a criminal charge nonetheless which could leave her with a permanent criminal conviction that could pop up on background checks for the rest of her life (in addition to the immediate punishments she could receive if convicted), and for this reason alone I strongly suggest she be represented by a lawyer. If you cannot afford to retain private counsel, contact the public defender’s office as soon as possible. If this is in Rutherford County General Sessions Court, the judge will likely grant additional time to hire a lawyer at the first court appearance, but I highly recommend retaining a lawyer or contacting the public defender’s office as soon as possible. It is helpful for a lawyer to have as much time as possible to prepared for a case, and asking for a continuance now decreases the chances of a judge granting one later if your daughter’s lawyer needs more time to do things such as gather documents beneficial to her defense.
The HGN test itself would likely be ruled inadmissible against your daughter unless the State can qualify the testifying officer as an expert on that matter which in highly unlikely. But, the officer will likely be able to testify to other things in support of the state’s case such as his observations of any odor of alcohol and any other characteristics in her appearance or behavior that he observed that support his position. A lawyer can carefully examine the evidence on both sides and advise your daughter as to options for fighting the charge in court. Also, after learning more about your daughter and any other relevant facts or circumstances surrounding the case, a lawyer can advise your daughter as to options regarding negotiating a settlement of the charge. If your daughter has never been arrested before, that can be very helpful in reaching a favorable resolution for her, but her lawyer needs as much time as possible to gather documentation proving this.
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