Sign up today to be notified by email
when new issues are posted.
Privacy Policy: all information held in strictest confidence!
GEORGIA COURTS GIVE
STATE "CARTE BLANCHE" TO VIOLATE OUR RIGHTS
Four
recent decisions from the Georgia Court of Appeals show why
it may be important to start taking judicial elections seriously.
Consider the following cases:
A
criminal defendant is entitled to know what crime he is
charged with committing. In Georgia there are at least 7
different types of DUI; some involve "less safe"
driving to due alcohol, aerosol, or drug impairment, and
some DUIs are "per se" types, meaning your alcohol
level is above a certain amount or you have certain illegal
drugs in your system. You need to know exactly what type
of DUI you are charged with to defend the case. In Taylor
v. St., decided on February 17, the Court of Appeals decided
a charging document was sufficient simply if it charged
a person with "DUI" regardless of specific type.
Even though this violates the 6th Amendment to the US Constitution,
this is now the law in Georgia, thanks to Justices Adams,
Andrews, and Barnes.
Georgia
courts have in the past ruled that the HGN test, a subjective
eye exam used by police in determining whether to arrest
people suspected of DUI, is a scientific test, and therefore
must be administered correctly by the officer to be admitted
into evidence. Now, under State v. Pierce, decided March
12, it doesn't matter whether the officer administered the
HGN correctly or not. The officer can still testify as to
the results(even if they are invalid) and the jury can decide
how much weight to give his testimony. Thank you Justices
Adams, Andrew, and Barnes.
Georgia
Court in the past have ruled that in a very specific situation,
breath test results are not valid if the police failed to
follow GBI rules in giving the state breath test. These
rules, by the way, are established by a government bureaucrat
without any legislative approval. Now, under State v. Palmaka,
decided on March 26, the Court says that it doesn't matter
if the officer fails to follow the rules. The test results
are still admissible against the defendant. The defendant
can always bring in evidence (meaning paying thousands of
dollars to an expert) to dispute the results. Thanks to
all of the Court of Appeals justices for this one.
(continued
- top right)
|
click here to read archived editions
Finally,
and this is very important especially to people whose teenagers
get a speeding ticket, pay the ticket, thinking nothing
more about it and about 9 months later get a suspension
notice, under Allen v. St, decided April 14, you must challenge
any traffic conviction within 180 days of the conviction.
It doesn't matter if your rights were violated or you did
not understand what you were doing when you paid the ticket.
This decision comes to us via Judges Smith, Barnes and Phipps.
Two
lessons learned from these decisions: First, if stopped
by the police, Never admit to anything, never take field
sobriety and never take the State test. If the government
does not have to follow its own rules, what sort of society
have we become. Second, look at this years judicial races
and remember the names mentioned above. Also remember there
are several judges races in Gwinnett County this year. On
TV you hear politicians bemoaning "activist" judges
all the time. Well folks, the activist judges are not only
federal judges, many times they are State appellate judges.
Reality is that even though Georgia Appellate judges must
run for re election, they very seldom have opposition. If
you have any questions about the candidates call me!
2004
RECORD: 26 Wins, 0 Guilty Verdict, 11 Guilty Pleas
PANAMA
CITY BEACH CONDO AVAILABLE: Brand new 2br, 2ba condo,
Twin Palms, 17th floor, is available for rent. Corner unit
with great views of Panama City Beach and surrounding area.
Sleeps seven. Call me for more info. 770-923-4948
Idea
for grads: How about this for your high school or college
grads: A copy of the Declaration of Independence and the US
Constitution can be obtained form the Cato Institute at 1-800-767-1241
WHAT DO I DO IF STOPPED BY THE POLICE??
For the answer, see my page on "your
legal rights" and print out
a copy to keep in your car!
Practice dedicated exclusively to defense of those accused
of DUI, serious traffic offenses, drug offenses.
770-923-4948
mickeygroberts@aol.com
Consider subscribing
to our mailing list.
It will keep you updated on new and changing laws and issues.
This mailing list is strictly confidential!
|
