Are field sobriety evaluations still voluntary if they can use them against you?
Massa v. State
A07A1019 (criminal case)
September 11, 2007
Johnson, Presiding Judge.
07 FCDR 2871 (09/28/07)
In this DeKalb DUI arrest, the Defendant was parked off the side of the road and refused both field test and breath test. The Georgia Court of Appeals held that a defendant’s refusal to submit to field sobriety tests is admissible as circumstantial evidence of intoxication and together with other evidence would support an inference that he was impaired drive. How are field tests voluntary if they can use them against you? The answer of course is that they are not. What is an innocent person supposed to do? Never take the HGN. If you are capable of performing field evaluation like standing on one leg and/or walking a line, it might be worth trying. Juries typically will not convict a person that can stand on one leg for thirty seconds. Field Evaluations are divided attention tests and measure your ability to follow instructions and perform physical dexterity exercises.
To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is a law firm representing those charged with DUI or driving under the influence of alcohol or drugs. We have been representing DUI Defendants for ten years in the City of Atlanta, Acworth, Alpharetta, Athens, Austell, Avondale Estates, Ball Ground, Barnesville, Big Canoe, Calhoun, Canton, Carnesville, Carrollton, Cedartown, Chatsworth, Chattahooche Hills, Clarkston, College Park, Commerce, Conyers, Covington, Dahlonega, Dallas, Decatur, Doraville, Douglasville, Duluth, Dunwoody, East Point, Fairburn, Forest Park, Forsyth, Fort McPherson, Fort Gillem, Gainesville, Grayson, Griffin, Hampton, Hapeville, Helen, Holly Springs, Johns Creek, Jonesboro, Kennesaw, LaGrange, Lake City, Lawrenceville, Locust Grove, Loganville, Lovejoy, Marietta, McDonough, Morrow, Newnan, Norcross, Palmetto, Peachtree City, Powder Springs, Roswell, Sandy Springs, Senoia, Smyrna, Stockbridge, Stone Mountain, Suwanee, Thomaston, Tucker, Union City, Villa Rica, Winder, Woodstock, and Zebulon and their surrounding counties including Fulton, Clayton, DeKalb, Henry, Fayette, Rockdale, Gwinnett, Cherokee, Forsyth, Coweta, Cobb, Douglas and Spalding. We also represent Defendants upon request outside of the Atlanta area throughout the State of Georgia.
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