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.
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