Cornelia GA DUI Lawyer
If you or a loved one has been arrested on a DUI charge, contact our DUI Attorneys in Cornelia GA now. There is no time to waste, even if this is your first encounter with the law. The penalties are severe, and Georgia judges do not go easy on DUI drivers. Call now for a free case evaluation.
Miranda Rights and DUI Cases
We hear clients tell us all the time that they were not read their rights, so their DUI arrest should be dismissed. Most people are referring to what they hear on television is known as Miranda rights. However, the interesting part is that “Miranda” is not a right. The Miranda rights are based on a Supreme Court case, Miranda v. Arizona. In that case, the Supreme Court held that a person must be informed of certain rights at the time of arrest.
The Miranda warnings that are to be communicated include:
- The right to remain silent.
- Anything you say can be used against you in a court of law.
- You have the right to have an attorney present
- If you cannot afford an attorney, one will be appointed to you.
In regards to DUI cases, officers already have the evidence they need before they take the DUI suspect into custody. In those situations, the Miranda rights do not need to be read. However, there are limited situations where a police officer would read the driver “Miranda rights.”
- In the case of a hit and run or another accident where the police officer notices that the driver is impaired, Miranda rights would likely be read when the person is taken into custody.
- Another example includes when an office is aware of another offense before the DUI investigation begins, such as a license suspension or warrant out for the person's arrest. Because the person was already going to be arrested separate from the DUI, then Miranda rights would need to be read.
- Miranda rights are required when a reasonable person believes that they would not be free to leave. This includes when a suspect is handcuffed or placed in the patrol car before a formal arrest.
- The most common example is when a police officer sees drugs in plain view in the vehicle before the DUI investigation begins. Similar to the license suspension example, the suspect would be arrested regardless of the DUI, so the Miranda rights must be read.
If you believe that one of the described situations applies to you, and you were not read your Miranda rights, contact our Cornelia GA DUI Lawyers today. We know Georgia DUI law inside and out because we handle DUI cases everyday. We can get you the help you need to achieve a successful outcome for your case.
Cornelia Municipal Court
If you were arrested for DUI in Cornelia, your case would proceed in Cornelia Municipal Court. The Court is located at 181 Larkin Street, Cornelia, GA 30531. Rachel Newkirk is the Court Clerk, and you can reach her at 706-778-4314.
Our Cornelia GA DUI Attorneys are Here to Help
If you have been charged with DUI in Cornelia or anywhere else in Habersham County, there is hope for your case! A DUI charge is not the same as a DUI conviction. Our lawyers have over 50 combined years of DUI defense experience. Call now and see how we can make all the difference in your case.