One of the things that Georgia DUI lawyers handling cases and, particularly DUI cases involving the Georgia State Patrol's NightHawks Task Force need to be aware of is the recently implemented WatchGuard video system. The quality of the videos are much better, but the videos are also much longer in length. Typically, the videos will include audio of the defendant conversing with the arresting officer inside the Atlanta Detention Center for Atlanta DUI cases.
In those cases in which you are arguing that the results of the state-administered test are not admissible as a result of invalid consent to testing being given by your client, these conversation are critical because they are post-arrest, after the reading of the Georgia Implied Consent Notice, and the statements made are typically not subject to Miranda. The statements are typically not subject to Miranda because the conversations, such as what is your date of birth or your address, are not intended to illicit incriminating information from you. Also, statements that are made by a criminal defendant but not as a result of questioning by a law enforcement officer are not subject to Miranda. These conversations are very relevant to whether a DUI defendant voluntarily submitted to the testing of their blood, breath, or urine following a DUI arrest.
Also, if you listen carefully to these conversations, particularly those inside the jail, you will frequently hear the arresting officer attempt to describe the administrative license suspension process. This conversation can be very good for you. Misleading information regarding the license suspension can result in the exclusion of the blood, breath, or urine test or the refusal of the state-administered test.
Finally, because the quality of the WatchGuard videos is much higher, pay particular attention to the manner of speech on the video. One of the issues that typically arises – for better or worse – in a DUI less case is the Defendant's manner of speech. The Watchguard video is going to pick up this piece of evidence better than prior video systems. Presume that the State will take the time to watch the entire video and pick up on this evidence, and be prepared to deal with it.
If you have questions about your Atlanta DUI case, contact The Sessions Law Firm at (470) 225-7710.
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Atlanta, Georgia 30309
Phone: (470) 225-7710