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 PATRIOT
ACT/HOMELAND SECURITY UNAMERICAN ?
I apologize for not sending out a newsletter
for the past 12 months. Because of your referrals, I have been
extremely busy! As a result of 9/11, Congress passed the PATRIOT
Act, which is an acronym for "Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism." I really did not think
about the PATRIOT Act much until I read an article by Robert
Levy with the Cato Institute, at www.cato.org. The law is troubling
for 3 reasons, according to Levy.
First, the law allows the government to obtain search warrants
and surveillance without probable cause;
Second, the law not only applies to a suspected terrorist
act but also to ordinary criminal matters. In effect, the
government has exploited the events of 9/11 to impose national
police powers that skirt time honored constitutional restraints
on the State.
Third, laws that compromise civil liberties normally are
revisited temporarily to make sure that temporary measures
necessary for national security do not last any longer than
necessary. The Bush administration objected to any so called
"sunset" provision. Only wiretaps and surveillance have a
sunset date of 12/31/2005. In short, while we may need some
temporary suspension of certain constitutional rights, the
PATRIOT Act in effect goes further than applying to terrorist
activities, and suspends many of what the average American
would think appropriate.
Additionally the Homeland Security Act (just passed by Congress)
will allow the government to compile a computer database on
everything you buy, sale, or do. If you think this act only
applies to non-citizens or Muslims, you are WRONG! Please
take a look at the these Acts, and pay close attention as
to whether the suspension of civil liberties is actually being
used to fight terrorists!
Consider subscribing to our mailing
list.
It will keep you updated on new and changing laws and issues.
This mailing list is strictly confidential!
Practice
dedicated exclusively to defense of those accused of DUI,
serious traffic offenses, drug offenses.
770-923-4948
mickeygroberts@aol.com
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 NEW
INSURANCE LAW FOR ALL DRIVERS!!
Effective February 1, 2003, the DMVS will implement a new data
system to verify that you have mandatory liability insurance.
The new law requires insurance companies to report all Vehicle
ID Numbers to the DMVS, which will be placed on a computer database.
If you are stopped for a moving violation, the police will check
your vehicle's VIN number with that on the DMVS computer.(Heaven
help us!!) If a match cannot be made, you may be charged with
no insurance!
Therefore,
PLEASE VERIFY THAT THE VIN ON YOUR CAR MATCHES THE VIN SHOWN
ON YOUR INSURANCE POLICY AND VEHICLE REGISTRATION. Keep
an insurance card in your car. While this will no longer suffice
as "proof" of insurance in Georgia, it will suffice in other
states.
2002 IMPORTANT CASES
In DUI cases involving whether Defendant has refused to take
the breath test, GA courts have held:
- If
you request a blood test at any time, the officer must reasonably
accommodate such request, but only as long as you take the
State's test first!
- The
request for a test(Implied Consent Warning) must be read
by the officer, but there is no requirement the driver understand
the reading. (the Rafael Furcal case)
In the
following situations the Police had the right to stop someone:
- If
you drive with your high beams on and don't dim them to
oncoming traffic;
- DNR
Rangers can stop you (i.e., in a boat) without any reasonable
suspicion;
- Even
if the officer is not certified by the State.
Why you
NEVER do any roadside tests:
- An
officer can testify that your alcohol content was above
the legal limit based solely on his observation of the eye
test(HGN)
- The
Miranda warning (right not to do or say anything) is not
required unless a reasonable person would believe he was
in custody;
Miscellaneous:
- Speeding:
If you stopped for speeding, and the officer used laser,
that evidence can be used merely by officer showing a certified
copy of State approval of the laser device used in the stop.
- Failure
to Yield: If you are turning left, you must yield to oncoming
traffic; for criminal purposes it does not matter whether
opposite car is speeding, running light, etc.
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