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Operating a vehicle while drinking could cause judicial actions.


2/15/2005 - Posted by:
Allen M. Trapp, Jr., P.C.
Phone: 800-564-6728
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All evidence against client were suppressed and he walked when we showed client was not mirandized...

State of Georgia v. A.H. (State Court of Carroll County)

Nineteen year old client allegedly involved in traffic accident was taken into custody by city police. A state trooper arrived and took both the client and the other occupant of the vehicle into custody. During a motion to suppress hearing the trooper admitted that he arrested the client because the other occupant stated the client was driving and in response to questioning the client admitted it. The other man's testimony was excluded as hearsay, and the client's statement was suppressed because he was not advised of his Miranda rights. The court ruled that all evidence obtained as a result of the inadmissible statements, including the .15 breath test result, should be excluded. Therefore, all charges were dropped.

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