Legal Question in Criminal Law in Georgia

Legality of public drunk arrest

Recently, I was arrested for Public Intox. while looking for a cab. I

was given no field sobriety test or breathalizer, and although I did

admit I had been drinking, no Miranda was read for me. Therefore,

can my admition be used in court? Do they have any evidence

since no sobriety test was given?


Asked on 2/06/04, 3:35 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Legality of public drunk arrest

Whether your admission can be used may depend upon the point in time when the admission was made. What is prohibited by Miranda is an in custody interrogation without appropriate constitutional safeguards, ie, being advised of your rights. The facts you have provided are not sufficient for me to comment further at this point.

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Answered on 2/09/04, 6:50 am


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