Aggressive Driving in Georgia
Aggressive Driving under OCGA 40-6-397 Aggressive driving is a serious problem on our roads. It can lead to accidents, injuries, and even death. In Georgia, aggressive driving is defined as operating a motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. What is Aggressive Driving in Georgia? There are […]
Read MoreIf you refuse a blood or breath test, police may obtain a warrant for Blood
O.C.G.A. § 40-5-67.1 (d.1), provides, “Nothing in the Implied Consent Rights or Implied Consent law shall be deemed to preclude the acquisition or admission of evidence of a violation of the Georgia DUI laws if obtained by a search warrant as authorized by the Constitution or laws of this state or the United States.” This […]
Read MoreSandy Springs purchases property for Municipal Court and Public Safety
Patch.com reported on August 19, 2020, that the City of Sandy Springs has recently purchased 620 Morgan Falls Road as its new Municipal Court and Public Safety facility. The property is 12.52 acres and costs $11,025,000.00. The Police Department and Municipal Court are currently located in leased office space in the Morgan Falls Office park which […]
Read MoreCity of Atlanta passes ordinance making watching cars do donuts illegal
Watching street racing, burnouts and doughnuts or donuts by street racers in their Dodge Chargers and other hot rods in Atlanta can get you six months in jail and a $1000.00 fine without the right to a jury trial in the Municipal Court of Atlanta based on recently passed ordinance according to MotorTrend.com. This is after […]
Read MoreAcworth Man arrested for DUI and Vehicular Homicide
Patch.com reports on August 3, 2020, that an Acworth man was charged with DUI and Vehicular Homicide after hitting a pedestrian on I-285 near Northside Drive. The victim was found a half-mile from the scene of the accident as was a heavily damaged pickup. The crash is being investigated by the Investigator Head of the Sandy […]
Read MoreUsing tear gas and rubber bullets during peaceful protest is illegal
A Colorado Federal District Court ruled on June 5, 2020, that police use of tear gas and rubber bullets was illegal as an excessive force under the Fourth Amendment, the First Amendment as a violation of free speech as the First Amendment bars retaliation, and that protesters suffered irreparable harm. The Federal District Court held […]
Read MoreAre Atlanta Georgia Curfews Legal
The United State Supreme Court has yet to examine civil curfew laws. In Toyoshaburo Korematsu v. United States, 323 U.S. 214 (1944), the United States Supreme Court professed to apply “the most rigid scrutiny” to the internment of Japanese-Americans during World War II but nevertheless found the “assembling together and placing under guard all those of […]
Read MoreElliott v State – Elliott is not a fat kid with glasses who eats paste – Elliott is a constitutional rock star
Elliott v. State, S18A1204, Supreme Court of Georgia, February 18, 2019. In Elliott v. State, the Supreme Court of Georgia held that Art. 1, Sect. 1, Para XVI of the Georgia Constitutional prohibits the admission into evidence of the refusal of a compelled breath test under the Georgia Implied Consent law as an act of self-incrimination. […]
Read MoreState v Council – Court of Appeals concedes refusal nor compelled breath test admissible
In State v. Council, 343 Ga. App. 583, 586; 807 SE2d 504 (2017), on September 15th, 2016, Susan Council was involved in a multi-vehicle automobile collision. Cobb County Police were told by emergency medical technicians that they believed Ms. Council was under the influence of alcohol. Ms. Council was polite, admitted to drinking 2 glasses of […]
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