Common Mistakes the Police Make When They
Stop and Arrest You For DUI In Georgia

1. Stopping a vehicle on a hunch. The officer either must have articulable suspicion (e.g. weaving within lane, which is not a crime) or probable cause (e.g. speeding, which is a crime).

2. Establishing and/or conducting a roadblock without being in compliance with the rules laid out in LaFontaine v. State (Georgia Supreme Court Case) or City of Indianapolis v. Edmond (United States Supreme Court Case).

3. Arresting someone for DUI just because the officer smells the odor of an alcoholic beverage on the person. After all, unless you have an unlawful blood alcohol level, or are incapable of driving safely because you've been drinking, it is not against the law in Georgia simply to drink and drive.

4. Administering and scoring standardized field sobriety tests that is not in compliance with the officer's own training. Ask your lawyer if he has the officer's own training manuals to use for cross-examination.

5. Failure to read the Implied Consent Notice at the time of the arrest.

6. Reading the wrong Implied Consent Notice (there are 3 that he can choose from).

7. After reading the Implied Consent Notice, giving you misleading or confusing information that causes you to make the wrong decision regarding your rights.

8. Placing you under arrest and then requesting that you perform roadside sobriety tests without advising you of your Miranda rights.

9. Attempting to get your consent to search your vehicle when such an attempt exceeds the scope of the initial stop.

10. Being dumb enough to capture the events of your stop and arrest on a video that do not support the officer's allegations.

11. Being even dumber by attempting to hide, modify, or destroy any video that does not support his allegations. If I find out about it, I will do everything I can to have him arrested and prosecuted!

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