Should DUI cops have to follow the law?
- 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!
5 Things To Help Your Teen Drive Safely
- Friday, 23 July 2010 13:49
Once your teenager drives away
, there is nothing you can do to prevent that teen from doing something stupid with their car; you can, however, train the teen to be a safer driver by:
1. Provide practice driving under a wide range of conditions. Don’t just practice driving on sunny afternoons. Go out at night, when it’s raining–in a variety of conditions. Otherwise, the first time your new driver encounters these conditions, it will be when you aren’t with them.
2. Emphasize, again and again the use of a seat belt for everyone riding in and/or driving the car.
3. Restrict passengers; go beyond state law’s restrictions.
4. Substance abuse and driving: Don’t tolerate under any circumstances.
5. Restrict use of in car electronics such as radio/CD player, navigation devices, etc.