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Don't Consent to the Search |
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If you are stopped on a road in Gwinnett or Fulton Counties, beware:
When it comes to things in a car that shouldn't be there, what we try to stress to everyone we come into contact with is first of all don't consent to the search. The consequences is for someone under 21 is of course the same as it is for someone older except that a driver's license suspension is more harsh for the younger driver.
There is no obligation for a driver to allow an officer to search the car. If an officer see something that is in plain view, for instance a baggie of marijuana falls out of the glove box when the driver fishes out an insurance card, well then, the jig is up. However, no one is ever required to permit a search of a car no matter how intimidating the officer may be. In Georgia, police may call for a drug dog to sniff the outside of your car and there is no stopping that. If you hand over anything illegal from inside your car and you are convicted of either possessing alcohol or drugs, if you are under 21 it will cost you your driver's license. Again there is no requirement that you consent to a search either in writing or verbally when the police officer asks you.
If you don't consent, what will happen? Nothing. If you don't consent and the police have no legal right to walk around you, they have to let you go. They have no legal rights because you have not consented. If they look anyway, they can't use that evidence to prosecute you. The police can't arrest you for saying no to the search. Not in any state.
This is an excerpt from Jessica Towne's interview on avvo.com. Hear the entire interview here.
photo courtesy of the FBI
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Atlanta DUI Lawyers Clark & Towne
We're on the big three social networking sites and now You Tube too! Twitter: twitter.com/jessicatowne Facebook: companies.to/clarktowne/ LinkedIn: www.linkedin.com/in/clarktowne You Tube: http://www.youtube.com/user/ClarkTowneAttorneys
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Under 21 DUI arrest consequences |
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The drinking age is 21 and Georgia, like most states, has a “zero tolerance” law for under 21 drivers. Zero Tolerance means DUI is considered at 0.02% BAC which is just enough to register on a breath test. If the driver is arrested & convicted of DUI, then the driver faces what we call “hard” suspension: no driving at all – whereas older drivers usual qualify for a work or school permit. Sometimes college scholarships are canceled or other college disciplinary actions kick in. Long term consequences usually include sky high insurance rates and difficulty getting past employment back ground checks. If you are a non-US citizen, you’ll face a long list of other ancillary consequences.
Listen to me talk about this subject.
Related articles:
Under 21 & DUI
Under 21 & DUI & Careers & Military Careers
Under 21 & DUI & Money
How a drug or DUI conviction can ruin your university career
Atlanta DUI Lawyers Clark & Towne
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Jessica Towne: DUI & Under 21 Drivers |
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I was thrilled last month when Avvo.com contacted me to speak to them, and their public, about the consequences of under 21 drunk driving and drug possession. I suspect they contacted me because of my avvo legal guide "DUI & Minors" that I wrote several months ago. Now, when avvo contacted me, I told them DUI & "minors" implies people under 18 when avvo really wants information for people between 18 - 21. If you are under 18, you can't be tried as an adult, where as those between 18-almost 21 are adults who don't yet have the legal right to drink.
In my podcast I answer these questions:
- What happens if a minor is pulled over and then arrested for drinking and driving? Short-term and long-term consequences?
- What if a minor is pulled over and while the driver is not drunk, the passengers who are also minors are? Can the police arrest the passengers?
- What are the consequences for minors or adults being caught with illegal drugs/substances in their car?
- How long does this type of information stay on a permanent record?
Listen to the podcast here
Related articles:
Under 21 & DUI
Under 21 & DUI & Careers & Military Careers
Under 21 & DUI & Money
How a drug or DUI conviction can ruin your university career
Atlanta DUI Lawyers Clark & Towne
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Penalties for Marijuana Posession in GA |
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With Prop 19 failing in California earlier this month, we can be assured the legalization of marijuana won’t be happening anytime soon. Besides, Georgia isn’t exactly known for immediately following the policies of the more liberal states anyway. With that in mind, I think it’s time to review the penalties for possession and driving under the influence of marijuana:
Georgia has zero tolerance for any kind of drugged driving which means people can’t operate a motor vehicle if they have any detectable level of an illicit drug or drug metabolite present in their bodily fluids. Now, officer friendly is not going to know if you smoked pot last night and are driving today if you do your best to drive a car that looks respectable, drive respectably, and keep the interior of your car respectable. What do I mean by this? Police are trained to pull over cars that look like they need repair (“That muffler’s a little loud son…..say, what’s in that baggie on the seat next to you?”) or are violating a tiny law (“You tail light doesn’t appear to be working….so, where are you coming from?”). Although the police sure can’t search your car without your permission, they are allowed to look from the outside, so make sure you don’t leave anything out in the open. Keep up with your insurance and registration, and obey the law. Don’t drive under the influence of any drug.
If Officer Friendly does pull you over and spots contraband, make sure you know the risks you run:
Possession of less than 1 oz (first offense) is a misdemeanor: you face probation, no fine and a 6 month license suspension. Your subsequent offense will be a misdemeanor , 1 year in jail, $1,000 fine and a year license suspension. If this happens near a school you are really in trouble: it becomes a felony with 1 - 10 years jail time possible and a fine. If you are driving and drugs are found in your system, see here for the details.
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Random roadside tests could be in our future |
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Canada is seriously considering rewriting federal law to make random roadside testing for drunk driving legal. This isn’t just something that might happen—this is happening. The police and Mothers Against Drunk Driving (yeah, they’re in Canada too) strongly support this legislation, but “civil libertarians” say it gives police too much power. Is that what we call rational people now? “Civil Libertarians”.
The police and MADD are convinced that random testing will make people reconsider even having one drink with dinner and then driving home. In Canada, the legal amount of alcohol in a person’s system is 0.08%, as it is in the U.S.
Canadians have been talking about random breath testing for more than two years. If the new law is passed, it would replace Canada's 40-year-old legislation on impaired driving. The current law says police can only administer breathalyzer testing if they have a reasonable suspicion of drunk driving. Random testing would eliminate that.
Many believe a new law would likely be challenged under Canada's Charter of Rights and Freedoms for unreasonable search and seizure. However, police already have the authority to conduct random checks under a 1990 Supreme Court ruling. The ruling said while random checks were a form of arbitrary detention, it was still a justifiable infringement to make the nation's highways and streets safe.
I like to think we in the U.S. would never pass laws allowing random searches and seizures, no matter what contraband was being searched for. I hope I’m right.
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