Social Media and Your Georgia DUI Case
Social media platforms have become an integral part of many of our lives, making it easier than ever to remain in contact with family and friends, communicate with people around the world, and share our experiences. Social media use, however, can even impact how legal cases, including DUI charges, unfold.
Social Media as Evidence in DUI Cases
The outcome of a DUI case hinges on the strength of the evidence brought against a defendant. The accessibility and immediacy of social media can make it a critical resource for prosecutors, as posts, photos, tags, and check-ins can essentially provide a window into a person’s activities, especially around the time of a DUI arrest. What can seem like a harmless post, for instance, could be used as evidence establishing a pattern of impaired behavior or even just to challenge the credibility of a defendant. Social media posts can even be time-stamped, so they are often used to create a timeline that conflicts with a defendant’s account of events, further casting doubt on their reliability. This is why it’s so important for those who have been accused of driving under the influence in Georgia to remain mindful of their digital footprint and how posting could affect the outcome of their case.
Defense Strategies for Navigating Social Media
Understanding the nuances of social media is important when crafting a DUI defense strategy. This means that legal teams should be well-versed in analyzing digital evidence, challenging the authenticity of such evidence, and exploring its many interpretations. It is often even possible to use privacy settings and the visibility of content to dispute how reliable a post is. An experienced DUI attorney can also play an important role in establishing context for a photo or post. A photo may, on the surface, seem to tell one story, but when the parties are aware of the circumstances surrounding the photo, could actually be an inaccurate representation of a defendant’s state of mind at the time of arrest. This kind of contextualization is extremely important to defense efforts, particularly in cases where social media plays an important role in a prosecutor’s argument.
At the end of the day, social media is a powerful tool, but it does have its limitations. It’s our job, as defense attorneys, to explain how the interpretation of posts and photos is subjective. By highlighting these limitations, an experienced attorney can often build a defense to seemingly incontrovertible social media evidence.
Call Today for a Free Consultation
At Andrew L. Schwartz, P.C., we understand the important role that social media can play in our clients’ legal proceedings and work hard to use this knowledge to help build a strong defense on their behalf. To learn more about the kinds of evidence that could be used against you in your own DUI case, please call our experienced Cobb County DUI legal team at 678-853-2500 and set up a free case review today. You can also reach us via online message.
Sources:
americanbar.org/groups/gpsolo/resources/ereport/
forbes.com/sites/andrewarnold/2018/12/30/heres-how-social-media-can-be-used-against-you-in-court/?sh=7853c22c6344
