- Thursday, 29 July 2010 08:09
There is a firestorm brewing in Georgia over what is commonly called an “Administrative license suspension hearing”. In Georgia, the State can try to suspend your license before you are convicted of a DUI; the process for this to happen is that an officer signs a sworn document, swearing under oath that he/she arrested you for DUI
and you either registered above a .08 or you refused the test.
Apparently, cops have been filing these sworn reports without actually swearing in front of a notary; this is the same as not swearing under oath at all. A few of my fellow DUI defense lawyers have successfully obtained restraining orders, keeping the State from moving forward in these cases until they can prove that they followed the law. The Georgia Appellate Courts have routinely allowed the police leeway in not following the Constitution or Georgia laws when DUI arrests are involved, from not having to tell a person that all field tests are voluntary, to not having to follow rules in administering the State Breath test machine used to convict people of DUI.
Perhaps now the pendulum is swinging back to at least middle ground… the cynic in me bets NOT!