Gwinnett County DUI: Can a cop "trick" me and in what court is my case?

Posted by William H. Sherman on Sep 14, 2015 | 0 Comments

Question:   I was with some friends watching the University of Georgia game and having a couple of beers.  After the game we all went to a bar and had a few more drinks.  I was the designated-driver so I only had a couple of light beers and then I drove everyone home.  But as I was driving home I took an illegal U-turn and a Gwinnett police officer saw me do it.  He said he saw everything.

When I got stopped the cop said he could smell alcohol and marijuana in the car and asked me to get out of the vehicle, which I did.  I did his tests and I told him that I only had two beers, but I actually had more than that.  The cop was asking me some questions trying to trick me and I admitted to taking a couple of shots and smoking pot.  I don't know why I told him that.  I said I had some tequila shots and some homegrown weed.

Finally he arrested me and charged me with DUI and now I have to go to court.  I'm pretty pissed that the cop would try to trick me into admitting things.  So I need to know if a cop can trick you and I'd like to know what court I have to go to.

C.R. in Lawrenceville, GA

Answer:   As DUI lawyers we are asked rather frequently if a law enforcement official can ask a “trick” or “misleading” question.  The answer is yes, they can.  In fact, the United States Supreme Court has ruled that a police officer can ask a “trick” question when speaking with a suspect.  Be aware that many cops use this tactic because it is very effective.

As for what court your case will be heard in, that depends.  But most likely it will be in the Gwinnett County Recorder's Court.  You didn't mention if this is a first DUI or not.  If it is a fourth DUI charge, however, then it is a felony.  If it is a felony then the case will be heard in Superior Court.

About Us

Call us when you need DUI defense information.  As Gwinnett DUI lawyers, we can answer your questions and plan your best defense.  Call us now at 678-215-4106. 

Take advantage of our knowledge and real world experience, including serving as a Magistrate Judge, an Assistant Attorney General and as a Senior Assistant County Attorney. 

We proudly handle matters throughout the Atlanta metro area and North Georgia.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What our clients say...

“I just wanted to write to say that I feel so lucky to have chosen the Sherman Law Group as my attorneys. I was going through such a very difficult legal situation. It was emotionally charged and draining. But Valerie Sherman and Bill Sherman were so supportive, hardworking and helpful. I loved that the firm was always updating me and letting me know what was going on in my case. You always returned my calls and emails. Thank you all for making it work out great for me.”

What our clients say...

“I wanted to thank you for giving me back my life after many awful months. My family and I want to thank you very much for representing my case. We are so grateful to have such wonderful attorneys like you. I know I can rely on you. We will always recommend you to those who are in need of the services of a law firm. We were so happy and excited this morning as we heard the announcement by the Judge. You are such wonderful people at The Sherman Law Group.”