The Officer Did Not Read Me My Miranda Rights: Does That Matter?

Question: I was coming home from a bar in Alpharetta, Georgia after watching a lot of football. I was going to my house in Forsyth County, Georgia. At the bar I had some beers, a couple of mixed drinks and I smoked a cigar. I got pulled over because the cop said I was speeding on Georgia 400. I don't think I was speeding but I really can't remember much. I usually don't drink that much but I was with some college friends from Canton & Johns Creek who like to party and listen to live music.

When the officer came to my window and asked for my license I admitted that I had been drinking. Now that I think about it, I probably should not have admitted to drinking to the cop. Can the police officer use that against me? I mean he didn't read me my Miranda Rights?

Answer: Yes, your admission to drinking can be used against you. More specifically, it can be entered into evidence if and when you have a trial and it can be introduced at an ALS hearing. Based upon the facts as you articulate them, your "Miranda rights" were not violated. In the case of Miranda v. Arizona, the United States Supreme Court ruled that a defendant must be informed of the right to consult with an attorney before questioning by law enforcement personnel and of the right against self-incrimination. It appears that your statements were made voluntarily and that you were not in custody at the time.

Please call The Sherman Law Group at 678-215-4106 so that we can answer any questions you may have about a Georgia DUI charge.

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