Greetings.
Because Google Answers does not provide legal advice and due to the
severity of the consequences associated with conviction for driving
under the influence in Georgia (and all states), it is highly
recommended that the driver hire legal counsel immediately. The
following is advice about how to prepare to speak to the attorney and
different issues that the driver may want to raise with him or her.
Your question indicates that the driver had a non-Georgia driver's
license. This is in the driver's favor, because the state cannot
suspend out-of-state licenses. See "Secret Number Eight" in the
following link: http://www.drunkdrivingdefense.com/georgia-dui-attorney-young/secrets-of-avoiding-a-dui-conviction.html.
So, the driver's main concerns are twofold:
1) If the case goes to trial, the driver's "refusal" can be used as
evidence that the driver knew he was intoxicated.
2) The "refusal" never actually happened, and the driver was coerced
into signing a false affidavit.
When speaking to an attorney, the driver must be prepared to describe
exactly what the officer said to convince him to sign the affidavit.
Were there any threats, implied or stated? Did the officer mislead
the driver in regards to his rights as to whether or not to take the
test? A good attorney will take this case to trial and when the
officer testifies, will ask a few simple questions that will trap the
officer:
1) Did the defendant give their consent to a breath test?
* If the officer answers yes, then the signed statement is false.
* If the officer answers no, then he is perjuring himself.
2) Did you, or did you not, administer a breath test to the defendant?
* Again, this puts the officer in the position of either admitting
that the signed statement was false or perjuring himself.
In either scenario, a good attorney will trap the officer. Once the
officer's credibility is gone, all other "evidence" from the arrest
report (slurred speech, glassy eyes, odor of alcohol, etc.) become
suspect, and there is even a chance that he may be guilty of criminal
misconduct.
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The following link contains additional information about mistakes that
officers make in the course of DUI arrests that may further benefit
the driver and should be brought up with his attorney:
http://www.duiguy.com/policemistakes.htm
Bullet point 7 may be especially pertinent to your question:
7. After reading the Implied Consent Notice, giving you misleading or
confusing information that causes you to make the wrong decision
regarding your rights.
------------------------------
In finding an attorney, the driver will want someone who specializes
in driving under the influence. The National College for DUI Defense
(http://www.ncdd.com/dsp_members.cfm) is the best resource for finding
DUI specialists.
Best of luck,
rosicrucianpope-ga
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dui laws georgia
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ADDITIONAL LINK:
http://www.drunkdrivingdefense.com/georgia-dui-attorney-young/georgia-implied-consent-tests-breath-blood-urine.html |
