02-18-2019, 08:43 AM
10,396 posts, read
11,500,133 times
Reputation: 7830
BREAKING: Georgia high court strikes down part of DUI law (Atlanta Journal-Constitution)
From the article in the link:
Quote:
The Georgia Supreme Court on Monday delivered a blow to DUI prosecutions, saying a driver’s refusal to have their breath tested for alcohol cannot be used against them at trial.
Georgia Supreme Court Creates Dangerous Bypass for Drunk Drivers (Theresa Garcia Robertson/GeorgiaPol.com)
From the article in the link:
Quote:
In ruling that parts of this law are unconstitutional, the Georgia Supreme Court has set the stage for a re-write by state legislators. While some may argue that this opinion will be appealed to the U.S. Supreme Court, it’s hard to imagine that they would strike down a unanimous ruling. If we want to continue to protect our citizens from intoxicated drivers on our highways and by-ways, that re-write should become a top priority in the 2019 legislative session.
02-18-2019, 11:24 AM
Location: Atlanta, GA
995 posts, read
510,065 times
Reputation: 2175
Quote:
We acknowledge that the State has a considerable interest in prosecuting DUI offenses (and thereby deterring others), and that our decision today may make that task more difficult. The right to be free from compelled self-incrimination does not wax or wane based on the severity of a defendant’s alleged crimes.
The part in bold says it all. The rights of American citizens as defined in the Constitution simply cannot be violated, regardless of how "difficult" it may be for prosecutors.
Two thumbs up for the Georgia Supreme Court.
02-18-2019, 11:31 AM
32,026 posts, read
36,788,671 times
Reputation: 13311
Wonder what happens in Gwinnett if you say no? Didn't they used to just strap you down and take your blood anyway?
02-18-2019, 11:49 AM
8,302 posts, read
5,707,175 times
Reputation: 7557
Quote:
Originally Posted by
arjay57
Wonder what happens in Gwinnett if you say no? Didn't they used to just strap you down and take your blood anyway?
Then you just hit the lottery.
02-18-2019, 03:20 PM
Location: East Point
4,790 posts, read
6,875,132 times
Reputation: 4782
Quote:
Originally Posted by
arjay57
Wonder what happens in Gwinnett if you say no? Didn't they used to just strap you down and take your blood anyway?
i don't know exactly. i was under the assumption that they had to run to a judge and get a warrant for that. not saying that drunk driving isn't a problem, but if the government is able to strap you down and take blood samples on the suspicion you're committing a crime without any kind of warrant, that's a problem too.
02-18-2019, 05:01 PM
5,633 posts, read
5,359,373 times
Reputation: 3855
Quote:
Originally Posted by
Radical_Thinker
The part in bold says it all. The rights of American citizens as defined in the Constitution simply cannot be violated, regardless of how "difficult" it may be for prosecutors.
Two thumbs up for the Georgia Supreme Court.
Curious...since there is no other way than testing someone to see if they are drunk, where do you think we should go from here? If someone is obviously wasted, but the police can't prove it because the person refuses, should they just be let go?
02-18-2019, 05:07 PM
Location: Decatur, GA
7,358 posts, read
6,527,927 times
Reputation: 5176
Quote:
Originally Posted by
samiwas1
Curious...since there is no other way than testing someone to see if they are drunk, where do you think we should go from here? If someone is obviously wasted, but the police can't prove it because the person refuses, should they just be let go?
Yes. Protecting the innocent means that sometimes the guilty go free.
02-18-2019, 05:12 PM
5,633 posts, read
5,359,373 times
Reputation: 3855
Quote:
Originally Posted by
MattCW
Yes. Protecting the innocent means that sometimes the guilty go free.
If you're drunk, you're not innocent. If you're innocent, you won't be found drunk. There is no "protecting the innocent" here. And letting an obviously-drunk person back behind the wheel simply because they say "I don't wanna" is literally the dumbest thing I've ever heard.
02-18-2019, 05:13 PM
Location: Decatur, GA
7,358 posts, read
6,527,927 times
Reputation: 5176
In other words if you have nothing to hide, you have nothing to fear right? Same argument can be made for forced searches of your house, your car, or your person. It's a very slippery slope.
02-18-2019, 05:14 PM
8,302 posts, read
5,707,175 times
Reputation: 7557
Quote:
Originally Posted by
samiwas1
Curious...since there is no other way than testing someone to see if they are drunk, where do you think we should go from here? If someone is obviously wasted, but the police can't prove it because the person refuses, should they just be let go?
The Supreme Court simply ruled that refusal to do a breathalyzer test can't be used as evidence in court.
Theoretically, officers can still arrest suspected drunk drivers and have them tried based on other evidence (physical impairment, manner of driving, etc.).
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Mean house or condo value by units in structure by units in structure - 3 or 4 ($)
Mean house or condo value by units in structure - 5 or more ($)
Mean house or condo value by units in structure - Boat, RV, van, etc. ($)
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Travel time to work - 60 to 89 minutes (%)
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Occupied housing units (%)
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Residents with income below the poverty level (%)
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Poor families by family type - Married-couple family (%)
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Poverty status for native-born residents (%)
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Poverty among high school graduates not in families (%)
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Residents with income below the poverty level (%) - White
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Residents with income below the poverty level (%) - Multirace
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Educational Attainment - No schooling completed (%)
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Educational Attainment - Associate degree (%)
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Median number of rooms in houses and condos
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Urban houses (%)
Rural houses (%)
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Mortgage status - with mortgage (%)
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Geographical mobility - Same house 1 year ago (%)
Geographical mobility - Moved within same county (%)
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Housing units in structures - 1, detached (%)
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Housing units in structures - 2 (%)
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Housing units in structures - 5 to 9 (%)
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Housing units in structures - 20 to 49 (%)
Housing units in structures - 50 or more (%)
Housing units in structures - Mobile home (%)
Housing units in structures - Boat, RV, van, etc. (%)
House/condo owner moved in on average (years ago)
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Year householder moved into unit - Moved in 1999 to March 2000 (%)
Year householder moved into unit - Moved in 1995 to 1998 (%)
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Means of transportation to work - Drove car alone (%)
Means of transportation to work - Carpooled (%)
Means of transportation to work - Public transportation (%)
Means of transportation to work - Bus or trolley bus (%)
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Working at home (%)
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Most Common Industries - Agriculture, forestry, fishing and hunting, and mining (%)
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Most Common Occupations - Education, training, and library occupations (%)
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Most Common Occupations - Service occupations (%)
Most Common Occupations - Healthcare support occupations (%)
Most Common Occupations - Protective service occupations (%)
Most Common Occupations - Fire fighting and prevention, and other protective service workers including supervisors (%)
Most Common Occupations - Law enforcement workers including supervisors (%)
Most Common Occupations - Food preparation and serving related occupations (%)
Most Common Occupations - Building and grounds cleaning and maintenance occupations (%)
Most Common Occupations - Personal care and service occupations (%)
Most Common Occupations - Sales and office occupations (%)
Most Common Occupations - Sales and related occupations (%)
Most Common Occupations - Office and administrative support occupations (%)
Most Common Occupations - Natural resources, construction, and maintenance occupations (%)
Most Common Occupations - Farming, fishing, and forestry occupations (%)
Most Common Occupations - Construction and extraction occupations (%)
Most Common Occupations - Installation, maintenance, and repair occupations (%)
Most Common Occupations - Production, transportation, and material moving occupations (%)
Most Common Occupations - Production occupations (%)
Most Common Occupations - Transportation occupations (%)
Most Common Occupations - Material moving occupations (%)
People in Group quarters - Institutionalized population (%)
People in Group quarters - Correctional institutions (%)
People in Group quarters - Federal prisons and detention centers (%)
People in Group quarters - Halfway houses (%)
People in Group quarters - Local jails and other confinement facilities (including police lockups) (%)
People in Group quarters - Military disciplinary barracks (%)
People in Group quarters - State prisons (%)
People in Group quarters - Other types of correctional institutions (%)
People in Group quarters - Nursing homes (%)
People in Group quarters - Hospitals/wards, hospices, and schools for the handicapped (%)
People in Group quarters - Hospitals/wards and hospices for chronically ill (%)
People in Group quarters - Hospices or homes for chronically ill (%)
People in Group quarters - Military hospitals or wards for chronically ill (%)
People in Group quarters - Other hospitals or wards for chronically ill (%)
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People in Group quarters - Schools, hospitals, or wards for the mentally retarded (%)
People in Group quarters - Schools, hospitals, or wards for the physically handicapped (%)
People in Group quarters - Institutions for the deaf (%)
People in Group quarters - Institutions for the blind (%)
People in Group quarters - Orthopedic wards and institutions for the physically handicapped (%)
People in Group quarters - Wards in general hospitals for patients who have no usual home elsewhere (%)
People in Group quarters - Wards in military hospitals for patients who have no usual home elsewhere (%)
People in Group quarters - Juvenile institutions (%)
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People in Group quarters - Homes for abused, dependent, and neglected children (%)
People in Group quarters - Residential treatment centers for emotionally disturbed children (%)
People in Group quarters - Training schools for juvenile delinquents (%)
People in Group quarters - Short-term care, detention or diagnostic centers for delinquent children (%)
People in Group quarters - Type of juvenile institution unknown (%)
People in Group quarters - Noninstitutionalized population (%)
People in Group quarters - College dormitories (includes college quarters off campus) (%)
People in Group quarters - Military quarters (%)
People in Group quarters - On base (%)
People in Group quarters - Barracks, unaccompanied personnel housing (UPH), (Enlisted/Officer), ;and similar group living quarters for military personnel (%)
People in Group quarters - Transient quarters for temporary residents (%)
People in Group quarters - Military ships (%)
People in Group quarters - Group homes (%)
People in Group quarters - Homes or halfway houses for drug/alcohol abuse (%)
People in Group quarters - Homes for the mentally ill (%)
People in Group quarters - Homes for the mentally retarded (%)
People in Group quarters - Homes for the physically handicapped (%)
People in Group quarters - Other group homes (%)
People in Group quarters - Religious group quarters (%)
People in Group quarters - Dormitories (%)
People in Group quarters - Agriculture workers' dormitories on farms (%)
People in Group quarters - Job Corps and vocational training facilities (%)
People in Group quarters - Other workers' dormitories (%)
People in Group quarters - Crews of maritime vessels (%)
People in Group quarters - Other nonhousehold living situations (%)
People in Group quarters - Other noninstitutional group quarters (%)
Residents speaking English at home (%)
Residents speaking English at home - Born in the United States (%)
Residents speaking English at home - Native, born elsewhere (%)
Residents speaking English at home - Foreign born (%)
Residents speaking Spanish at home (%)
Residents speaking Spanish at home - Born in the United States (%)
Residents speaking Spanish at home - Native, born elsewhere (%)
Residents speaking Spanish at home - Foreign born (%)
Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
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Fatal accidents locations in 2012
Fatal accidents locations in 2013
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Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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