Fourth of July

Happy July 4th from Ted Morgan Law

But if you find yourself on the bad end of a good holiday, Ted Morgan Law is your lifeline! And while we certainly celebrate July 4th every year, this year marks another significant change in DUI law in Georgia. Earlier this year in February, the Georgia Supreme court handed down a significant decision affecting hundreds and thousands of DUI cases across the State of Georgia and restoring the constitutional right against self-incrimination when a police officer reads you the Georgia Implied Consent Warning which included an incorrect statement of law on whether your refusal to submit to testing of alcohol levels could be used against you at trial. The Implied Consent warning (in effect until April 28, 2019) was rendered improper as a matter of law, and blood and breath alcohol tests results were, therefore, to be excluded from evidence as a result of the landmark decision. To be clear, if you were arrested for DUI in Georgia on or before April 28, 2019, the chances are very good that if you submitted to a test of your blood, breath or urine, the alcohol test results can be excluded from evidence in your case. And April 28, 2019, marks the Georgia legislature's effort to remedy this problem with a new law on Implied Consent, and an arrest on or after April 28, 2019, will be subject to the new Implied Consent Warning and the new laws governing whether the test result is admissible against you. You have a right to refuse, and the refusal cannot be used against you at trial. And if you submit to testing, the specific facts and circumstances may lead to inadmissible test results. If you have been arrested for DUI in Muscogee County, Columbus, Georgia, you have significant legal rights, and calendar year 2019 brings with it new laws and implications for DUI arrests in Georgia. Call Ted Morgan Law if you have been arrested for DUI.

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