Asked in Criminal Law for Georgia

Q: The day before the hearing appealing my license suspension for a DUI, the arresting officer called me. Is this legal?

I had briefly left my home after consuming 2 beers. As I was pulling back into my driveway, a state patrol pulled me over for a faulty headlight.After performing several roadside breathalizers and one field sobriety test, I was placed under arrest for suspicion of DUI.I repeatedly told the officer I did not understand.He refused to explain and did not even read me my rights.He asked if I would agree to further blood and urine testing.I refused.I was not offered a breathalyzer at the jail.I had offered to show him the bottles proving what I had consumed as well as the headlight I had purchased and was ignored.Upon appealing the suspension of my license, I received a call the day before my hearing from the officer requesting a return call. I did and got his voicemail in return. Upon receiving a second call from him, he stated that he didn't know if I remembered him telling me the night of my arrest that perhaps we could work something out and we wouldn't have to go to court.

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1 Lawyer Answer
David Stephen Klein
David Stephen Klein
  • Criminal Law Lawyer
  • Augusta, GA
  • Licensed in Georgia

A: Yes, unless the officer knows you are represented by counsel. Then, it is unethical, but not illegal.

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