DeKalb State Court convicted a defendant of driving under the influence (DUI) – less safe, failure to maintain lane, and improper turn at an intersection arising out of an automobile accident during which she hit another car while making a right turn. The other driver reported to 911, “I just got hit. This lady just ran into my car.” The recording was used as evidence against the defendant during trial, but the defendant objected to its use, claiming that it violated her right “to confront the driver.”
Georgia’s Court of Appeals reviewed her case and noted that the defendant asked for a pretrial ruling to omit the recording. She felt that the recorded statements were “testimonial in nature,” and the State did not intend to call the driver to the witness stand. The Court showed that although the admission of the recording was in error, the admission did not matter to the outcome of her case because of the remaining evidence. The Appeals Court maintained the trial court’s convictions.
Knowing is not Part of Voluntary Consent