Law Office of Brad J. Evans LLC

Third question: The officer never read me my Miranda rights so does that mean that I win my case? The quick answer to this question is NO. If you listen closely to the Miranda rights, these rights focus on whether you want to speak with law enforcement after you are in custody. If you have not been read Miranda rights, then anything you have said to law enforcement AFTER you are taken into custody cannot be used against you. However, anything you say to law enforcement prior to being in custody can be used against you whether the Miranda rights were given or not.

Second question: If an officer asks me to submit to field sobriety tests (Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand), should I do it? In Georgia, these tests are entirely voluntary. Keep in mind that by this point the officer has stopped you for a driving offense, possibly smelled alcohol on your breath, and has gauged your physical appearance, i.e. glassy eyes, bloodshot eyes, disheveled clothing. So the officer has likely made up his mind that you may b...e under the influence of alcohol if he asks you to take the field sobriety tests. The performance of these tests rarely if ever results in the officer letting you go. Your performance of field sobriety tests is used primarily to provide the police officer with more evidence to use against you later on. Everyone feels like they pass these tests but it is rare that they do because the tests are designed for your failure. For instance, how many tests have you taken in your life where you are not told how you are being scored? See more

This week I am going to post a series of questions that I am frequently asked about Georgia DUIs. I will post basic answers to these questions. Please feel free to contact me if you would like more explanation on any of the issues discussed. First question: What happens if I refuse to submit to a properly requested breath test? A refusal will suspend your privilege to drive in the State of Georgia for 1 year without an opportunity for a permit to drive. You can appeal t...his suspension but must do so within 10 business days of your arrest. You need an attorney to assist you with this process. A refusal also creates a rebuttable presumption that you are under the influence. You will then have the burden to show that you are not under the influence. An attorney can assist you in attempting to make this showing.

It has been an exciting first week here out on my own. Lots of new clients and lots of court in my very near future. That is good news for a lawyer.