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 "OPINIONS
ARE LIKE…."
You
know the saying, "Opinions are like …… belly
buttons. Everyone has one. Same is true about a DUI. Did
you know that DUI is considered an "opinion" crime?
That is, an opinion (from a police officer) is formed that
a person is incapable of driving safely due to alcohol consumption.
Opinions are generally based on facts AS WE PERCEIVE THEM
TO BE. Sometimes it is easy to form an opinion based on what
we see or know; other times it is not so easy. For example,
it is easy to know someone should not drive, when their speech
is slurred, they are fumbling with things, unsteady on feet,
and we know they have drank several alcoholic beverages.
However, what if we see the same symptoms without alcohol
consumption?? Perhaps that person is a diabetic suffering
from a hypoglycemic attack.
Likewise,
how many beers does it take for you to feel "tipsy"?
one, two, five? Alcohol affects different people differently.
I thought about these things last week during the selection
of a jury in Gwinnett County. One juror said that 2 beers
would definitely make someone a less safe driver; others
disagreed, saying you also had to take into account the size
and height of the person and that person's tolerance to alcohol.
I watched the judge cringe at these latter opinions; I know
for a fact that the judge buys into MADD's propaganda that
even one beer makes a person less safe to drive. Now of those
2 opinions, one from the common every day juror, the other
from a government employee, who is right? What's your OPINION?
PANAMA
CITY CONDO
FOR RENT: 25%-50% OFF OF REGULAR RENTAL RATES Call
me at 770-923-4948 if interested
Practice dedicated exclusively to defense of those accused of DUI, serious traffic offenses, drug offenses.
770-923-4948
mickeygroberts@charter.net
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LEGISLATORS
ARE ON THE PROWL
 Even though not in session, you need to know
that some powerful big wigs are meeting with prosecutors
to bring back the proposed law that says if you refuse
to take the state breath test, your license should be suspended
EVEN IF YOU ARE FOUND NOT GUILTY OF DUI!!
Why should you think of not taking the state breath test?
See below.
170 CASES DROPPED IN PALM BEACH
OVER BREATH
TESTS
Over
170 DUI cases were dropped in Palm Beach, Florida because
lab techs working on the machines were not available
to testify that they actually calibrated the machines.
Under a recent US Supreme Court ruling, the defense has
an absolute right to cross examine the tech as to how
they actually calibrate these machines. After all, the
Intox is a machine, and under any scientific standards,
machines should be calibrated on a regular basis to make
sure they are working. The Georgia "calibrations" are
performed every 3 months, and are not calibrated according
to any reliable scientific method. Unfortunately, most
Ga. judges refuse to follow the US Supreme Court ruling.
 MY 4 SIMPLE RULES
IF YOU ARE STOPPED BY POLICE
- DON'T ADMIT DRINKING (OR ANYTHING ELSE)
- DON'T DO ANYTHING ON SIDE OF ROAD
- DO TAKE BREATH TEST IF YOU'VE REALLY HAD 2 DRINKS
- DON'T TAKE TEST IF MORE THAN 2 DRINKS*
* Refusing to take the State test (at jail or hospital)
could result in losing your license for a full year; the
only way of getting the license back earlier is to win the
DUI; on the other hand, if the officer does not try to suspend
the license because of a refusal, the State does not have
a blood alcohol level to use against you!
MY 1 SIMPLE RULE FOR PARENTS OF
CHILDREN UNDER AGE 21
If your child gets a traffic ticket, regardless of how minor
you may think it is, DO NOT PAY TICKET WITHOUT CALLING ME!!!
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!
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