Massive Change in GA Implied Consent Warning
The Georgia Supreme Court recently decided a case involving the Implied Consent Warning read to drivers arrested for DUI.
Due to the decision, law enforcement officers are just asking drivers to consent to a breath or blood test. DON'T DO THIS! You're not required to. Unless the officer reads the original, required by law implied consent warning, there is no penalty for refusing. Even if the officer reads the warning, you can still exercise your right to refuse, and there may not be any consequence.
Read more: Massive Change in GA Implied Consent Warning
Fighting a Minor In Possession Charge
Prom and graduation season is fast approaching, and these events typically involve alcohol consumption. Way back in the dark ages when I graduated high school, the drinking age was 18, "legally drunk" was 0.15% (it's now 0.02% for those under 21 and 0.08% for those over 21), and getting caught drinking meant the police stood next to you while you told your parents what you'd been doing. Times have certainly changed, and there are now serious consequences to underage drinking. As long as no driving is involved, a teen caught drinking faces a Minor in Possession of Alcohol charge (MIP). If driving is involved, that under-21 year old likely faces a DUI, too. While the best practice for minors is to avoid people and places where alcohol is served to anyone, life happens.
Read more: Fighting a Minor In Possession Charge
You can be stopped for any reason now
by Jessica Towne
The Supreme Court of North Carolina recently heard a case where an officer who did not have a valid reason to stop someone, did so anyway, and then discovered a baggie of cocaine in the car after the driver consented to a search.
The driver's lawyers argued the case should be thrown out because the reason why the officer stopped the man in the first case – a broken brake light-- isn't considered a valid reason for a stop in NC. The court decided the stop was ok anyway, because the officer thought it was a valid reason.
The best reason yet not to consent
Read more: You can be stopped for any reason now
Will these bills make good laws?
Your elected officials are busy at work. Do you know what they are up to? The Georgia Driver does. She is keeping an eye on a few bills as they make their way from proposal to law. If you've an interest in any of these topics, contact your representative lawmaker and let him or her know how you feel.
House Bill (HB)5 Allows for drones to capture images for certain purposes, but not for private surveillance. (Each new technology rewrites the law.)
HB9 Makes it unlawful for certain employers to ask whether an applicant has ever been arrested. (Does that mean after you've paid your debt to society you can actually get a job?)
Read more: Will these bills make good laws?
How an out of state DUI can cost your license
By Jessica Towne
Driving in Georgia is a privilege, not a right, and the Georgia DDS has the authority to rescind, cancel, suspend and revoke a driver’s license for certain behaviors. It can even revoke or cancel your Georgia driver’s license based on your out-of-state conduct.
A game-changing case
In a case decided February 9, 2015, the Georgia Court of Appeals upheld the revocation of a Georgia man’s license because of two Illinois DUI convictions. In this particular case, the driver, who had never been an Illinois resident and had never been issued an Illinois driver's license, was convicted of two DUI-related offenses in Illinois before moving to Georgia. After the driver was convicted of yet another DUI, this one in Georgia, Georgia notified other states. After receiving notice of this conviction, Illinois imposed a lifetime ban on this person’s privilege to drive in Illinois. Citing the Illinois ban, DDS cancelled the man’s Georgia driver's license. This case is a game changer for sure. You can read about the case at opinions.dailyreportonline.com/index.asp.
More Georgians refusing sobriety tests
By Jessica Towne
The number of people refusing the sobriety test in Georgia doubled, from 5,608 in 2008 to 11,480 in 2013.
The Georgia Health News service recently published an article that manged to turn this fact into the basis for calling for more DUI convictions. You see, the State of Georgia collects lots of tax money to fund various projects when someone is convicted of DUI. And MADD wants us to believe that DUI convictions are down because drivers are taking advantage of the legal system, when in fact, some drivers are exercising their constitutional and statutorily granted rights. MADD and Georgia prosecutors think the conviction rate is down because more drivers are exercising their right to refuse a breath or blood test.
Read more: More Georgians refusing sobriety tests
The difference between having a license revoked or suspended
By Jessica Towne
I blogged earlier about what happens when your Georgia driver's license is cancelled. Now, we'll look at the other two ways Georgia drivers can lose their driving privileges, revocation and suspension.
According to the DDS:
"...Your driving privileges are terminated and withdrawn until the end of the period of time prescribed by DDS. At the expiration of the revocation period, you may apply for a new driver's license once you satisfy the certain requirements."
"...Your driving privilege is temporarily withdrawn for a specific period of time. At the expiration of the suspension period, you may apply for a driver's license once you satisfy the requirements."
Somehow they make revocation and suspension sound nearly identical. There are important differences.
Read more: The difference between having a license revoked or suspended
Cancelled Georgia driver's license
By Jesica Towne
You can lose your driving privileges in Georgia three ways:
Cancellation, Revocation, and Suspension.
This article reviews cancelled licenses
If you consult the Georgia Department of Driver Services website, you'll find that DDS will cancel your driver's license "if you fail to give the required or correct information needed in your application or if you are otherwise ineligible." And, helpfully, "you may reapply once you satisfy the requirements." It won't tell you what might cause your license to become cancelled in the first place or what happens if you are caught driving with a cancelled license. So I will.
Read more: Cancelled Georgia driver's license