Social Media Evidence in Georgia DUI Cases
If you are facing charges for driving under the influence in Georgia, anything you post online could potentially be used as evidence against you in court. Whether it’s a comment you made in the past or an image you recently shared, the information available through your social media accounts could be used to bring harm to your credibility and character.
Once posted online, anything you share becomes part of the public domain and is no longer protected information. As such, your 4th Amendment right to unreasonable search and seizure does not apply to Internet content. This means that all of the comments you make on Facebook and Twitter, as well as any videos or images that you post online, are fair game for the prosecution to use in court. These postings are deemed admissions under Georgia Law.
In a recent DUI case, an accused driver was faced with an extremely damaging piece of evidence: her Twitter comments. Shortly before colliding with another motorist while traveling on the wrong side of the highway, the driver tweeted “2 drunk 2 care.” The comment was shared with thousands of Twitter users before it was ultimately found by the prosecution and used to help establish the driver’s guilt. Given the potential damage that can be caused by posting the wrong information online, it is always important to use good judgment before sharing any content through social media.
What Not to ShareA person’s credibility can make or break a DUI case. If the court finds you credible, you are far more likely to obtain a favorable outcome. On the other hand, if the prosecution is able to track down a single damaging Facebook post or inappropriate picture, the content could wreak havoc on your character. Even if the posts were made long ago, the prosecution may still present them to show patterns in your behavior that led up to your arrest.
It is important to remember that police officials, prosecutors, and judges are just as familiar with social media as you are. For this reason, you should always ask yourself if you would want a judge to see what you are posting. If you have any doubts about the appropriateness of the content, don’t post it online. It is especially important to avoid making any remarks about your arrest or pending DUI charge. Remember, when it comes to social media, it is always better to be safe than sorry.
Review Your Social Media Accounts With an AttorneyAs you can see, your actions online can have a huge impact on your Georgia DUI case. Even a seemingly harmless post can be used as evidence against you if you are not careful. For best results, you should discuss your case with an attorney before making any potentially damaging remarks on social media.
To avoid making any potentially damaging remarks online, it is best to review your social media accounts with an attorney. It takes only a comment or image to permanently damage your case.