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 2001 Legislation
The Georgia Legislature’s 2001 Session is over, and once again we have new laws
coming into effect!
DUI LAW: The legal per se limit is now .08. This law was passed under Federal
pressure; millions of dollars in Federal road funds were to be withheld had this law
not passed. So if you register a .08 on the State machine within 3 hours of driving,
that is now a per se DUI. Advice: Do not do any of the tests at the scene!!!
Refuse to take the State chemical test at the station if this would be your 2nd
or 3rd DUI in 5 years! If it is your first DUI in 5 years, take the State
chemical test!
A person’s driver’s license can be suspended administratively if the breath test is
over .08. (This changes the old law from .10.)
Also, the law, changes the penalties for a 2nd DUI in 5 years. The minimum jail
sentence is 5 days; the tag must be confiscated by the State; plus you lose all
driving privileges for one year, with a limited permit only 6 months thereafter
provided an interlock device is placed on the car.
On a 3rd DUI in five years the minimum jail time is 10 days;
OPEN CONTAINER: It will be against the law to have an open container of
alcohol anywhere in the car; this means a can, cup, or bottle with broken seal,
unless you are recycling; the law does not apply to passengers in RVs or limousines.
AGGRESSIVE DRIVING: A person commits this new crime when they annoy,
harass, molest, intimidate injure or obstruct another person with their car. THis
carries 6 points on the driving record and is a misdemeanor of “high and
aggravated nature”, which means the fine can be up to $2,500.00.
TEEN DRIVING LAWS: In spite of the State’s own statistics showing the most
dangerous driving group in Georgia was males age 20-24, the Governor and his
cronies continue an onslaught on 16-17 year olds.(Remember, they don’t vote);
The law that was passed is a good one; It provides for mandatory driver’s ed; does
not raise the minimum driving age to 17; places curfew for 16-17 year olds at 12
midnight to 6 a.m. Mandates a suspension for 4 points in violations in a one year
period; allows a learner’s permit if license is suspended.
BIG BROTHER IS WATCHING: This law approves the use of cameras to
catch red light violators; it also attends to set maximum statewide fines on
speeding cases.
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 DEATH OF DUE PROCESS
How would you like to live in a country with criminal laws so broad that everyone
is guilty of some crime and it’s only prosecutorial whim that sends certain
unpopular citizens to jail? You live in just such a country, according to Paul Craig
Roberts, assistant secretary of the Treasury under the Reagan administration.
 His
book, The Tyranny of Good Intentions: How Prosecutors and Bureaucrats Are
Trampling the Constitution in the Name of Justice, points out that most of our
rights in the Bill of Rights have slowly been eroded.
How about this? Did you know the government can seize your property solely at
the discretion of the police, and the burden is on you to get your property back?
Think this only applies to drug dealers? Think again! Some examples:
- In Iowa, a woman accused of shoplifting a $25 sweater had her $18,000 car confiscated as a
"getaway vehicle."
- Detroit drug police raided a pharmacy but failed to find any
illegal drugs. After drug dogs reacted to three $1 bills in the register, the police
confiscated and kept $4,384 in cash. According to the Pittsburgh Press over 92 %
of cash in the US shows some drug residue.
- Forty nine year old Ethel Hylton was stopped
by police at the Houston airport, searched because a drug dog scratched at her
luggage; no drugs were found; police still took $39,110 in cash , her life savings;
and four years later she still does not have her money back.
Who gets the seized property? Examples: The assistant prosecutor in Warren
County, NJ drives a confiscated yellow Corvette. A seven member police force in
a small town in Rhode Island received $3.8 million from the Fed. forfeiture
fund, and purchased (does this sound familiar to Duluth residents?)
Firebirds. Anything you own can be confiscated by the police. Every week
over 5,000 innocent Americans lose their cars, bank accounts, homes, without
ever being charged with a crime. Check it out: www.fear.org.
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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