The Fifth Amendment: The MADDness of MADD has affected all courts throughout the USA. How? How many states allow you to speak with your attorney before answering any questions or taking any tests, i.e. FSTs or a Breath Test? In Georgia, the Supreme Court has ruled that getting a test result as close to the time of driving is too important for prosecution to allow for exercise of right to speak to an attorney. This is the MADDness of MADD ~ a complete disregard to the right against self-incrimination is spelled out in the Fifth Amendment to the U.S. Constitution and also extends to state and local jurisdictions. When someone exercises this right, we often say that they “plead the Fifth.” The Constitution grants this right quite simply: “[No person]…shall be compelled in any criminal case to be a witness against himself…”
Posted on: Sun, 28 Dec 2014 22:47:47 +0000
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