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Thread: FOR GA drivers who occasionally may have a beer before doing so. Drivers right c

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    Veteran Member ATLDiscoLawyer420's Avatar
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    Default FOR GA drivers who occasionally may have a beer before doing so. Drivers right c

    Happy Weeekend GA DRivers Rights DUI card Repost



    FOR GA drivers who occasionally may have a beer before doing so. Drivers right card

    Take a cab as DUI's are a real pain in your ass. Don't be an idiot. That said, If you are an idiot, as we've all been before, there are steps you can take to help you out. First of all don't take any roadside field sobriety tests, as they are designed to make you fail and are voluntary (i.e. no legal penalty to refuse them). In fact you don't even have to blow in the roadside machine, the only one you have to take is the one at the station, and even some people say to refuse that if you are drunk, as the only penalty for that is a one year drivers suspension, and sometimes we can play legal tricks with that too. If you are pulled over, HAND THE OFFICER THSI CARD. DO NOT READ IT AS THAT WILL GIVE THE OFFICER A CHANCE TO JUDGE YOUR SPEECH.

    Only print what is in below the line

    If you are stopped by the police and questioning goes beyond a request for your driver's license and insurance card, you should hand the attached card to the officer. Remain silent until the officer has read the card. Make sure you have read the 8 points on this card, so that you understand your rights at the time of the stop.
    __________________________________________________ ____________________
    Driver's Rights Card
    NOTICE TO OFFICER:
    This document constitutes an official notification and should be retained for your records.

    1. I hereby tender my driver's license and proof of insurance.
    2. I have committed no crime and request that my papers be returned to me and that I be allowed to depart immediately.
    3. If you are not going to allow me to leave at this time, I will assume that this is more than a brief investigory stop and that I an under arrest.
    4. I invoke my RIGHT TO REMAIN SILENT, and do not wish to make any statements, nor do I wish to answer any questions relating to consumption of alcohol. I rightfully, and voluntarily CHOOSE NOT TO TAKE ANY FIELD SOBRIETY TESTS, including the handheld ALCO-SENSOR breath testing device (i.e. ABC's, touch nose, balancing tests, etc).
    5. I DO CONSENT to tests of my blood, breath, or urine, at the police station or state testing facility, provided that (1) they are conducted in compliance with O.C.G.A. § 50-13-1, et seq., (2) I am afforded independent testing at a private medical facility by personnel of my own choosing.


    (See Other Side) I in no way waive or withdraw my request for independent testing, nor do I waive any deficiencies in the procedures or advisement which you provide during this arrest.
    6. In the event that I am served with a Notice of Intent to Suspend my license, I hereby request a hearing on the proposed administrative suspension, and they you FORWARD MY REQUEST IMMEDIATELY to the Georgia Deparment of Public Safety, P.O. Box 1456, Atlanta, Georgia 30371.
    7. I do NOT CONSENT TO A SEARCH of my person, vehicle, or any other property without my WRITTEN permission.
    8. I immediately INVOKE MY RIGHT TO AN ATTORNEY and request that I be allowed to call my ATTORNEYAT 404-375-7638. I will answer no further questions until my attorney is present.
    THE FOLLOWING CODE PROVISIONS ENTITLE ME TO THE RIGHTS OUTLINED ABOVE:
    U.S. Constitution 5th and 14th Amendments: Georgia Constitution Art. 1, § 1, Paras. 1 & XVI; O.C.G.A. §§ 24-9-20, 40-6-391, 40-6-39240-6-67.1. 40-11-9. 50-13-1 et seq.

    Let the card speak for you. Don't read it to the officer. These cards won't prevent a drunk driver from being caught, if sufficient VISIBLE proof of impairment exists (such as staggering, belligerence, etc.), so don't expect the card to solve all problems.
    They say there's a Heaven for those who await.
    Some say it's better but I say it ain't.
    I'd rather laugh with the sinners than cry with the saints...
    the sinners have much more fun.

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    Featured Member sander8son's Avatar
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    Default Re:FOR GA drivers who occasionally may have a beer before doing so. Drivers righ

    Quote Originally Posted by ATLDiscoLawyer link=board=1;threadid=8996;start=msg106430#msg1064 30 date=1083946047

    8. I immediately INVOKE MY RIGHT TO AN ATTORNEY and request that I be allowed to call my ATTORNEYAT 404-375-7638. I will answer no further questions until my attorney is present.
    heh, i assume this is your number. lol, pretty crafty marketting job.

    thats cool though. its basically to protect those who are "legally" drunk, but able to opperate a vehicle safely. which is good since in most states the legal limit is incredibly low(for a 150 pound man, 3 or 4 beers in an hour is legally drunk). So although you will be impaired after having 3 beers in an hour, the amount of impairment due to alcohol is probably much less significant than the impairment due to exhaustion after working a 12 hour day.

    i naturally dont believe in laws and think that if someone has the ability to drive drunk, they should legally be able to. Once they injure someone's person or property(regardless of wether or not they were intoxicated) is when they should be punished. I myself don't drive if im well beyond legally drunk. it all comes down to personal responsibilty and removing those from life who prove that they failed to do the same.

    keep up the goodfight.

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    Veteran Member ATLDiscoLawyer420's Avatar
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    Default Re:FOR GA drivers who occasionally may have a beer before doing so. Drivers righ

    Quote Originally Posted by sander8son link=board=1;threadid=8996;start=msg106437#msg1064 37 date=1083948271
    Quote Originally Posted by ATLDiscoLawyer link=board=1;threadid=8996;start=msg106430#msg1064 30 date=1083946047

    8. I immediately INVOKE MY RIGHT TO AN ATTORNEY and request that I be allowed to call my ATTORNEYAT 404-375-7638. I will answer no further questions until my attorney is present.
    heh, i assume this is your number. lol, pretty crafty marketting job.

    thats cool though. its basically to protect those who are "legally" drunk, but able to opperate a vehicle safely. which is good since in most states the legal limit is incredibly low(for a 150 pound man, 3 or 4 beers in an hour is legally drunk). So although you will be impaired after having 3 beers in an hour, the amount of impairment due to alcohol is probably much less significant than the impairment due to exhaustion after working a 12 hour day.

    i naturally dont believe in laws and think that if someone has the ability to drive drunk, they should legally be able to. Once they injure someone's person or property(regardless of wether or not they were intoxicated) is when they should be punished. I myself don't drive if im well beyond legally drunk. it all comes down to personal responsibilty and removing those from life who prove that they failed to do the same.

    keep up the goodfight.

    That is my number. When I hand it out to my friends it has my name in there too but on message boards Ipull it out. Not that they would ever let you call but it has legal significance (slight) if they don't. I've never had anyone call based on one of these though. I also have this 'card' on the back of my business cards. If you want you can always cut and paste the # or name of your atty in there.
    They say there's a Heaven for those who await.
    Some say it's better but I say it ain't.
    I'd rather laugh with the sinners than cry with the saints...
    the sinners have much more fun.

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    God/dess montythegeek's Avatar
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    Default Re:FOR GA drivers who occasionally may have a beer before doing so. Drivers righ

    As ADL will no doubt agree, the document he lists is usable in GA only. He implies it in the title of his thread, but does not blaatanly say so. Laws/precedent in other states do not the same conditions.

    Some states have a strictly interpreted implied consent law. Other states let you refuse the brethalyzer but doing so automatically suspends your license.

    The only aspects of ADL's proposal I have a legal question about as outlined is the card carrier placing a burden of the appeal upon the stopping officer. Unless the officer is a legal subordinate of the appeal agency, it is like handing a police officer a check and your utility bill and saying it is obligation to deliver it. The second is the statement of refusal to submit to a search. As I understand it, you can be searched without your permission under certain circumstances. GA law may vary from my understanding. But I can see how such a statement COULD be interpreted as a threat of resistance.

    Ii would also submit that driving with a blood alcohol level above a certain level may be either a prima facia case of impairment. ( on the face of it) OR illegal on its own independent of impairment can be demonstrated in that situation. That depends on local law.

    Further info on this ADL? Clarification may be helpful.

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    Featured Member SCGirl's Avatar
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    Default Re:FOR GA drivers who occasionally may have a beer before doing so. Drivers righ

    Oh yes....good old NY....Implied consent can't be avoided! Damn it all!

    Normally I'm not at ALL in favor of something that allows or encourages people to drink and drive (yes, I know that was not your intention), however, I support this because there are some damn psycho cops out there--just visit Vestal NY on a Saturday night (they'd strip search you on the side of the road if they could get away with it!)--this is for them baby!!!
    "You did then what you knew how to do; when you knew better, you did better" ~Maya Angelou

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    Veteran Member ATLDiscoLawyer420's Avatar
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    Default Re:FOR GA drivers who occasionally may have a beer before doing so. Drivers righ

    Quote Originally Posted by montythegeek link=board=1;threadid=8996;start=msg106667#msg1066 67 date=1083981204
    As ADL will no doubt agree, the document he lists is usable in GA only. He implies it in the title of his thread, but does not blatantly say so. Laws/precedent in other states do not the same conditions.
    absolutely correct, I'll edit the above post to be more clear



    The only aspects of ADL's proposal I have a legal question about as outlined is the card carrier placing a burden of the appeal upon the stopping officer. Unless the officer is a legal subordinate of the appeal agency, it is like handing a police officer a check and your utility bill and saying it is obligation to deliver it. The second is the statement of refusal to submit to a search. As I understand it, you can be searched without your permission under certain circumstances. GA law may vary from my understanding. But I can see how such a statement COULD be interpreted as a threat of resistance.

    Ii would also submit that driving with a blood alcohol level above a certain level may be either a prima facia case of impairment. ( on the face of it) OR illegal on its own independent of impairment can be demonstrated in that situation. That depends on local law.

    Further info on this ADL? Clarification may be helpful.

    Couple things here. In GA refusing a breath test )not the on the street one, but the final one at the station is your right. However, they will suspend your dl for one year*. The * is b/c there is a hearing that you can request if you do it within ten days of dui arrest that through various legal tools can be a powerful tool of discovery for the defense. So powerful that many departments and prosecutors tell cops not to go, b/c they fear losing the dui at trial. So if you know what you are doing about 50% of the time you never have the hearing b/c they need to file something too. Another 50% that file don't show, so that leaves not many cases that cannot be plead out. Plus the officer can agree to withdraw his 1205 (the filing of susp.) if he wants, and often will for a guilty plea at trial. Even if you lose this, and conviction of a lesser crime or not guilty will vacate the sentence. So you might have a suspension, but it makes the states case really hard to prove.

    That shit about the officer filing is kind of weird. I don't even know if it would serve as notice under the law, I think it is a last ditch attempt to create an issue just in case the guy doesn't talk to an attorney within ten business days of his/her arrest. There is a letter that is supposed to be filed and I am not sure if this meets that or not.

    But I can see how such a statement COULD be interpreted as a threat of resistance
    In the real world it is definitely. In the legal world, no. Your refusal to speak to him at all etc means that he has to make a decision if your driving was bad enough that based on that and the physical observation of you that he can make an arrest. If not he has to let you go. Surprisingly a lot of cops actually do play by the rules.
    They say there's a Heaven for those who await.
    Some say it's better but I say it ain't.
    I'd rather laugh with the sinners than cry with the saints...
    the sinners have much more fun.

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