GA DUI Defendants Often Allowed to Drive After Arrest

Posted on October 8, 2008 by georgiatrafficlawyer

As state Rep. Ben Harbin heads to an Atlanta court later this month to answer to charges related to his May 2007 DUI arrest, some might speculate that he used political clout or unethical means to retain his driving privileges in the 15-month interim.

Legal and law-enforcement officials say that isn’t the case.

“I don’t think Ben Harbin did anything sneaky,” Richmond County sheriff’s Lt. Scott Gay said. “I think that is just somebody looking for something that isn’t there.”

Harbin requested an Administrative License Suspension hearing that nearly 12,000 other people charged with driving under the influence also asked for last year, said Lois Oakley, the chief judge of the Georgia Office of State Administrative Hearings, which oversees and holds the monthly hearings statewide.

“So he’s in good company,” Oakley said.

An average of 15 Columbia County drivers request the hearings each month.

“This is a case type that we see a great deal of, and my review of the case file would indicate it looks just like every other case file,” she said.

When a driver is stopped by police on suspicion of driving under the influence, police ask the driver to take a breath or blood test.

Police send a notice to the Department of Driver Services requesting a license suspension for drivers who refuse the tests or test higher than a .08 blood alcohol content, the state legal limit.

Those drivers have 10 days to request a suspension hearing to retain driving rights until the criminal charges are resolved in the court system.

“Most people who are intoxicated, you hand them that piece of paper and they don’t read it,” said Gay, a former member of the Richmond County Sheriff’s Office DUI Task Force.

“They have 10 days to request a hearing. If they don’t do it within that time line, then they are not entitled to that hearing, so it is an automatic suspension.”

At the hearings, an administrative judge decides who receives their driving privileges until the DUI charge is handled.

Drivers can request that the officer withdraw the request for suspension. The suspension is usually upheld if the driver does not attend, and the suspension is typically rescinded if the arresting officer doesn’t attend.

Harbin’s license suspension was reversed because the arresting officer was not at the hearing.

There were 70 cases scheduled for the most recent session of such hearings in the area. During those hearings, which included DUI cases in Columbia, Richmond and six other counties, 13 drivers regained their driving privileges because the arresting officer did not attend.

More than 30 drivers retained their driving privileges because the officer withdrew the request for suspension.

Oakley said her office doesn’t keep track of case data, including the specific result of each case or the number of officers who show up for the hearings.

“One size does not fit all. Every case has its own nuance,” Oakley said. “It is very difficult and, in fact, inaccurate to try to categorize disposition types and case types. For that reason, we don’t keep data on how many cases are decided in this manner versus another manner.”

Columbia County sheriff’s deputies are urged to take the hearing notices seriously and attend.

“They are treated in much the same way as subpoenas,” Capt. Steve Morris said.

Columbia County deputies are required to appear at the hearings unless a conflict prevents it. In that case, deputies must notify the court and other appropriate parties. Morris said there hasn’t been a problem of deputies missing hearings.

If deputies “refuse to attend, then disciplinary action will be taken,” Morris said.

Gay said the majority of ALS hearings are attended by members of the Richmond County sheriff’s DUI Task Force, but notices also are treated like subpoenas.

“It is a working day. That’s why we have so many people there,” Gay said of the reliable attendance by deputies.

Gay said his department is working to ensure that deputies get paid while attending the hearings, even if they are on vacation or otherwise off duty.

As in Columbia County, Gay said Richmond County deputies who simply do not show up for the hearings face disciplinary action.

Valerie Rowell

Columbia County GA Times

Georgia DUI Lawyers

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Georgia Lawmen Disturbed by DUI’s

Posted on October 1, 2008 by georgiatrafficlawyer

ALBANY, GA (WALB) – Fifteen people were charged with DUI during weekend roadblocks on the bypass in Albany. Officers are particularly disturbed by some many DUI arrests on such a busy road.

More than 60 police officers and deputies from 12 counties set up roadblocks across Dougherty County Friday night. One of the largest on the Liberty Bypass, where they made close to a dozen DUI arrests.

“One of the biggest areas we identified, we have a lot of people who drive down the Liberty Bypass who have been consuming alcohol after they leave an establishment,” said Dougherty County Police Lt. Thomas Jackson.

Police also held five people who tested positive for alcohol, but did not meet the DUI limit. Officers made them call people to drive them home. In all Dougherty County Police handed out 120 citations in the six hour long roadblock, and arrested eight people.

Albany Police handed out 58 citations, made six arrests, one of them a DUI.

The Georgia State Patrol gave out 69 tickets, 29 warnings, and arrested 8 drivers for DUI. Not all of those DUI arrests were on the Bypass.

Five people have died in crashes and accidents on the Liberty Bypass so far in 2008, none of which involved DUI’s. But Police are concerned by the weekend’s results.

“It’s another rationality to show you that the Liberty Expressway is a deadly roadway,” Jackson said.

Law enforcement knows speed is one main reason the Expressway is so dangerous, add alcohol to that speed, and there is concern.

“Our local law enforcement will certainly step up their patrols in areas where we find high numbers of violations,” said Safe Communities Coordinator Michele DeMott.

The Governor’s Office of Highway Safety says the number of DUI crashes in Dougherty County have gone down, but Cops say they will step up patrols on the Liberty Bypass to keep them that way.

The Southwest Georgia Traffic Enforcement Network conducts county wide roadblocks once a month.

News report/article by Jim Wallce, WALB News

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Falcons Safety Lawyer Milloy Charged With DUI and Speeding

Posted on September 16, 2008 by georgiatrafficlawyer

FLOWERY BRANCH, Ga. — Falcons safety Lawyer Milloy was arrested on DUI and speeding charges in suburban Atlanta early Monday, just hours after Atlanta lost to Tampa Bay.

At his Monday news conference, Atlanta coach Mike Smith would not offer details on any potential discipline Milloy could face.

“Any time any of our players are in this type of situation, we are extremely disappointed, myself and our organization,” Smith said. “It’s something that is completely unacceptable.”

Gwinnett County police charged the 34-year-old Milloy with driving under the influence of alcohol and speeding. Milloy, who lives in nearby Buford, was booked into the suburban Atlanta jail at 4:35 a.m. and posted a bond of more than US$1,600 about five hours later.

Though Milloy spoke with Smith before the team meeting on Monday afternoon, Milloy was not present in the locker room when reporters were allowed in from 12:35-1:20 p.m.

He issued a one-sentence statement through lawyer Manubir Arora of Atlanta.

“I apologize to my family, my teammates, (Falcons owner) Mr. (Arthur) Blank, coach Smith, (general manager) Thomas Dimitroff and our great fans for the incident that occurred following Sunday’s game at Tampa Bay,” Milloy said.

Milloy, with 192 starts in his 198 career games, has been considered a team leader since signing a three-year contract worth US$6 million in March 2006. A four-time Pro Bowl selection, he helped New England win its first Super Bowl in February 2002.

Under the league’s substance abuse policy and program, a DUI conviction could result in Milloy getting tested, evaluated and treated for alcoholism. Commissioner Roger Goodell and the Falcons also could impose fines, but Smith gave no details.

“I’ve had a conversation with Lawyer this morning, a very lengthy conversation,” Smith said. “It was something that I’d like to keep private between he and I. What I can tell you is that this matter will be handled internally. The league and the (NFL Players Association) sets certain standards on things you can and cannot do.”

Smith seemed irritated with reporters when asked about the team’s plans for handling Milloy’s predicament.

“When I say internally, I mean it’s going to be handled internally,” Smith said. “We’re going to work through this. We’ve got to let the process run its course. It’s a legal matter.”

Centre Todd McClure, a Falcon since 1999, indicated that Milloy, who led Atlanta with seven solo tackles in the 24-9 loss at Tampa Bay, remains a respected teammate and leader in the locker room.

“Lawyer’s a great guy, and we’re going to support him through this,” McClure said. “He just made a mistake.”

Article from the Canadian Press

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Georgia Teen Drivers – Joshua’s Law

Posted on September 7, 2008 by georgiatrafficlawyer

“Joshua’s Law” enacted in  Georgia in 2007, changed the requirements that teen drivers must meet in order to obtain a Class D Georgia driver’s license. The law was named after a youth who tragically lost his life in an accident. Joshua’s parents rallied with legislators in an effort to put stronger driver training laws into effect. The end result has made it mandatory for teens to get more driving experience under their belts before obtaining a license and hopefully will save numerous young lives through its enactment.

The Teenage and Adult Driver Responsibility Act (TADRA), necessitates a graduated driver licensing procedure for Georgia teens between the ages of 15 and 18. There are three separate classifications for teen driver licensing. Joshua’s Law, which went into effect January 1st, 2007, the latest addition to the TADRA, adding an additional educational requirement to the second step.

Georgia’s teen driver’s licensing process starts with Step 1, the Instructional Permit (CP). The Instructional Permit is granted to teens 15 years of age and older who pass a state-administered written exam. Teens who have acquired this permit are required to have a passenger who is at least 21 years old and possesses a valid Class C driver’s license. There are no variations or exceptions to this requirement.

Step 2 is the Intermediate, or Class D, license. Drivers between the ages of 16-18 years of age who have held an Instructional Permit for 12 months and 1 day and passed the state-administered comprehensive on-road driving test are eligible for this license. There are several restrictions on this license, which are:

1) No driving between the hours of 12am and 6am. “No Exceptions.”

2) For the first six months, the only passengers allowed in the vehicle are immediate family members: i.e. siblings, or others who must be 21 years of age or older.

If you are intending to obtain a Class D driver’s license at age sixteen 16, you will have to adhere to the following requirements:

1)You must have completed a driver education course approved by the Department of Driver Services and;

2)You also must have completed a cumulative total of at least forty (40) hours of other supervised driving experience, including at least six 6 hours at night. If you have not completed an approved driver’s education course, you cannot get your Class D driver’s license until you reach age seventeen 17. Thus, now, 40 hours of driving experience, including six 6 hours of driving at night, is always required for a Class D driver’s license.

Any violations or citations incurred during this licensing process will mean a denial or delay of an under 21 driver’s ability to obtain a full Georgia Driver’s License.

Georgia Laws for Drivers under 21 years of age.

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Holiday Crackdown On DUI In Georgia

Posted on August 28, 2008 by georgiatrafficlawyer

Law enforcement agencies across the state will be out in full force this holiday weekend, looking for impaired drivers and people not wearing their seatbelts.

Several Georgia agencies in border counties will be pairing with their counterparts across state lines for “Hands Across the Border.”

In Newnan, officers “will be out in force during the Labor Day weekend and will be aggressively enforcing traffic laws,” said Newnan Police Deputy Chief Rodney Riggs.

Impaired drivers and those not wearing their seatbelts will be the main targets, Riggs said.

“Seatbelts have been proven time and again to save lives in motor vehicle collisions,” he said. “No warnings on seatbelts. Click it or ticket.”

Riggs strongly encourages those who will be celebrating the holiday with alcohol to have a designated driver.

A DUI arrest and conviction “has a tremendous impact on the driver that they

may not consider,” Riggs said. That includes having your vehicle towed, having to post bond, fines of more than $1,000, a suspended license, and a criminal record.

Riggs also cautions drivers on possible high-traffic areas. Bullsboro Drive near the interstate is often congested, but might be even more so this weekend, with the Powers’ Crossroads festival and interstate construction.

The Georgia Department of Transportation is recommending that drivers take U.S. 29 or Ga. Hwy. 54/34 to bypass the interstate construction in Coweta.

The DOT is also announcing that the lane closures and construction on 75/85 through downtown Atlanta will continue throughout the weekend, with extremely heavy congestion.

However, the DOT is bringing in extra message signs and HERO units.

Locally, another traffic hot spot will be the intersection of Bullsboro Drive and Millard Farmer Industrial Boulevard/Hwy. 34 Bypass. That is the main route that visitors take to get to Powers’ Crossroads, though there are many other possible routes to take to the festival to avoid traffic.

“Expect heavy traffic, and adjust your routes and travel times accordingly,” Riggs said.

The state hasn’t yet released traffic fatality predictions for the holiday period.

Historically, Riggs said, Newnan has had a low number of traffic fatalities. And the NPD wants to keep it that way.

“The Newnan Police Department intends to do everything in our abilities to insure there are no fatalities during the Labor Day weekend,” Riggs said.

“We ask that everyone use their seatbelts, slow down, and be patient. We hope everyone has a safe and enjoyable holiday weekend.”

The Georgia State Patrol and other agencies are cracking down on speeders as part of 100 Days of Summer HEAT — Highway Enforcement of Aggressive Traffic.

“Our highway safety data shows speed, impaired driving and unrestrained driving are still the top three causes of fatal crashes, not just during the summer holidays but throughout the year,” said Bob Dallas, director of the Georgia Governor’s Office of Highway Safety.

The summer-long HEAT campaign is designed to make high-risk drivers feel the heat on their checkbooks, license points and insurance rates, Dallas said.

Plus, going the speed limit can really save you money. “Your car’s fuel efficiency begins to rapidly decrease at speeds over 60 mph,” Dallas said. “Your own lead foot can lower your gas mileage by 5 percent around town and as much as 33 percent at highway speeds,” he said.

The speed limit along Interstate 85 in Coweta County is 60 mph because of construction.

“For all those high-risk drivers who don’t seem to care if speed is a killer on our roads, maybe it matters if it’s murder on their wallets,” Dallas said.

“We already know driving the speed limit saves lives and it saves gas. Why not do both this Labor Day?”

Article by Sarah Kay Campbell

Times-Herald.com

Georgia DUI Laws

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Cherokee County Georgia -Police Arrest Man for Fifth DUI Offense

Posted on August 23, 2008 by georgiatrafficlawyer

WOODSTOCK, Ga. — A Cobb County man faces his fifth arrest for driving under the influence of alcohol.

According to Cherokee County Police, 37-year-old Mark Douglas registered a blood alcohol content of point-47 – five times the legal limit. In Georgia, a driver is considered intoxicated if the individual exceeds the limit of point-oh-eight.

Douglas was arrested Tuesday in a parking lot. An officer said he was amazed Douglas was “still conscious.”

Police said Douglas was first arrested for DUI 18 years ago. He was placed in jail and awaits a Sept. 23 court date.

Article form FortMillsTimes.com

Driving Under the Influence in GA, Need Legal Help?

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Drivers Jump On Cycles to Save Gas

Posted on August 13, 2008 by georgiatrafficlawyer

Just because you aren’t driving a car, doesn’t mean you can’t be on the receiving end of a traffic ticket. As many have converted their commute vehicle to a bicycle, moped, motorcycle or even motorized scooter in some cases, adherence to Georgia’s Traffic Laws is still important.

“The rising cost of gasoline has many people considering alternate modes of transportation.

Area bicycle and motorcycle shop managers say sales are up from last year. Last week, Aiken Motorcycle Sales and Service had sold out of every middleweight motorcycle, scooter and moped by Wednesday.

“The largest portion of the mopeds and scooters we sell are to people who are going to use them as transportation,” said sales manager Marsha Hopkins.

Sales began to increase around mid-March, just about the time gas prices started spiking, she said.

Nationally, bicycle sales reached $6 billion in 2007. Sales in 2002 were $5.2 billion, according to the National Sporting Goods Association.

Though many of the traffic laws in South Carolina and Georgia also apply to bicycle riders, each has its own safety rules. And commuting differs from recreational biking.

“There’s a lot more things you have to think about when you’re riding through city streets,” said Andy Jordan, a North Augusta resident and owner of Andy Jordan’s Bicycle Warehouse.”

Article By Lisa Kaylor, AugustaChronicle.com

Georgia Traffic Laws

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Woman In Receipt of Red Light Ticket in GA Wasn’t There At The Time…

Posted on August 5, 2008 by georgiatrafficlawyer

A Florida grandmother received a red light camera ticket in the mail from Atlanta Georgia, notifying her of a violation, caught on camera. The only problem with this ticket is that she hadn’t visited the state of GA for over 35 years, and the photo that was sent along with the ticket showed a black pontiac and Evelyn Singer owns a white Acura! The name, address and vehicle on the ticket were, however, correct.

How often this type of “mix-up” seems to occur isn’t easy to research, as many consumers probably do not bother to examine the photo carefully if the accompanying information regarding the vehicle and owner is correct. The quaity of the red light camera photos can sometime be “questionable”, to say the least.

Singer, aka, the alleged red light runner, wasn’t going to just put up and pay the fine. She sent a certified letter and called Atlanta Georgia Traffic court numerous times attempting to get through to someone, even after being put on hold and repeatedly disconnected.

FInally, she was told that this would be taken care of and she would not be held responsible for the red light violation fine in Atlanta. Lesson to be learned here is to always confirm the photo and information, including alleged location of the violation, don’t just shut up and pay up!

Traffic ticket in Georgia?

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Driving Aggresively in Gwinnett County in GA? Better Think Twice.

Posted on July 31, 2008 by georgiatrafficlawyer

A little extra room wouldn’t kill you. That’s the message of an education and enforcement campaign launched in Gwinnett County this week to reduce collisions between passenger vehicles and commercial trucks by urging them to “leave more space” between them.

As part of the Georgia Department of Public Safety’s “Targeting Aggressive Cars and Trucks” program (TACT), some 35 officers will be stationed this week along the roughly 30-mile stretch of I-85 from Sugarloaf Parkway into Jackson County and up I-985 to Ga. 20. Four signs have been mounted throughout the corridor with illustrations that indicate a safe distance for lane switching and warn to drivers to avoid a ticket.

Crashes between passenger and commercial vehicles account for 15 percent of highway deaths each year, said Gordy Wright, the public safety department’s director of public information. Almost 90 percent of those killed are in the passenger cars, he said. And most of the time, it’s their fault.

Although the campaign’s signage appears to target drivers of passenger cars, officials say both parties are being addressed in an effort that will ticket drivers for aggressive behavior such as changing lanes without signaling, speeding and tailgating, said Maj. Christopher Long with the Georgia Motor Carrier Compliance Division. As part of the campaign, officers will hand out brochures about the program to those drivers they stop. Officers are also dispensing information at the welcome center in Suwanee.

When following a commercial truck, drivers of passenger cars need to leave more space than the requisite one car length for every 10 miles per hour, Long said. He pointed out the trucks’ significant blind spots and the fact that it takes twice as long for a tractor-trailer to stop as it does a passenger car.

The current area under watch saw 140 crashes between passenger and commercial vehicles last year. They resulted in five deaths and 89 injuries, Wright said.

Georgia’s Public Safety Department conducted two previous waves of enforcement — in Bartow and Cobb counties in November 2007 and in Chatham County in February. They were weeklong periods followed by two three-day checks. The follow-up enforcements for Gwinnett are scheduled for August and September.

According to a report prepared by James Bason, associate research scientist with the University of Georgia’s Survey Research Center, studies of the previous corridors before and after the enforcement “wave” took place suggested lower instances of unsafe driving around semi-trailers and increased awareness of the campaign.

Wright, of the Department of Public Safety, said that it’s too early to draw conclusions from the campaign, but already public awareness has increased.

“People are paying attention and realizing that they’ve got to use extra care around the commercial vehicles,” he said. “That’s what the campaign is about is increasing awareness to let drivers know that those trucks can’t stop on a dime.”

The program is funded with a grant from the Federal Motor Carrier Safety Administration and enforced by members of the Georgia State Patrol and the Motor Carrier Compliance Division. Washington, Kentucky, North Carolina and Pennsylvania have begun similar programs, Long said.

Story by Rachel Pomerance

Atlanta Journal Constitution, http://www.AJC.com

Speeding ticket in Gwinnett County Georgia?

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Gas Prices Pinch Policing

Posted on July 19, 2008 by georgiatrafficlawyer

AUBURN, GA – Rising gas prices already have pushed some metro Atlanta cities to adopt higher speeding ticket fines to help cover the cost of keeping police officers on the road.

With no relief in sight from $4-a-gallon gas, drivers may find similar fine hikes in traffic courts on the Athens end of Georgia Highway 316.

The Auburn City Council plans to vote Aug. 7 whether to approve a $20 increase in traffic ticket fines. If the council approves the measure, Auburn would become the first city in the Athens area to approve such a hike.

Jackson County commissioners will discuss a similar measure at their meeting Monday, and the Jefferson city council will discuss the issue at its July 28 meeting.

“Why should we pass the cost of this gas on to law-abiding citizens and taxpayers when we can get the ones who are breaking the law to pay for it?” asked Jackson County Commissioner Tom Crow.

While plans for a gas surcharge vary, the extra revenue is meant to cover the rising cost of fuel for patrol cars – a cost that has strained small police departments and sheriff’s offices during the past year, said Frank Rotondo, director of the Georgia Association of Chiefs of Police.

Jackson County and Jefferson officials have not decided how much tickets would increase to cover the rising cost of gas.

The Dallas City Council in Paulding County recently agreed to add a $12 gas surcharge to every traffic fine. Holly Springs City Council voted in June to raise all traffic fines by $12 – $8 of which will go to pay for gas.

There’s no question that the cities need the revenue, but officials are wondering whether fuel surcharges will hold up in court, Rotondo said.

The Douglasville City Council recently decided to delay adding fuel surcharges to traffic tickets to see if Dallas gets sued over that city’s surcharges.

“(Surcharges) are still a viable option, but they may be subject to litigation,” Rotondo said.

Article from OnlineAthens.com,Merritt Melancon

Georgia Speeding Ticket Laws

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