We recently handled a jury trial where our client was charged with DUI. The officer never saw our client driving the car, our client exercised his right to not perform field sobriety tests, and, despite begging the officer to give him a breath test, the officer refused and also did not take out a warrant to draw blood (so, no evidence of blood alcohol content at all). Despite this, the jury found our guy guilty. Why? Because our client was, let’s just say, not very nice to the officer. But the point of this article isn’t be nice to people who can lock you up; the point of this article is to say NOTHING and remind you that under Georgia law, you are not entitled to privacy rights as you sit in the back of the patrol car. Most dash cams have a reverse camera that is focused on your face and recording everything you say, even when the officer is not in the car with you. And, if you call the cop a motherfucker enough, a jury could very well find that you’re drunk whether the officer heard it or not. So, please. Exercise your First Amendment Right – be quiet (and try to be respectful!)!
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