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Old 02-18-2019, 09:43 AM
 
5,895 posts, read 5,218,533 times
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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 driverís refusal to have their breath tested for alcohol cannot be used against them at trial.

The high court unanimously found that part of the stateís DUI law violates the U.S. Constitutionís protections against self-incrimination. The ruling sets the stage for a re-write of the law by the state legislators.

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, itís 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.
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Old 02-18-2019, 12:24 PM
 
Location: Atlanta, GA
229 posts, read 93,079 times
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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 defendantís 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.
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Old 02-18-2019, 12:31 PM
 
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Wonder what happens in Gwinnett if you say no? Didn't they used to just strap you down and take your blood anyway?
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Old 02-18-2019, 12:49 PM
 
1,617 posts, read 660,795 times
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Originally Posted by arjay57 View Post
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.
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Old 02-18-2019, 04:20 PM
 
Location: atlanta
4,110 posts, read 4,710,612 times
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Quote:
Originally Posted by arjay57 View Post
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.
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Old 02-18-2019, 06:01 PM
 
4,591 posts, read 3,035,362 times
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Originally Posted by Radical_Thinker View Post
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?
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Old 02-18-2019, 06:07 PM
 
Location: Decatur, GA
5,083 posts, read 3,859,744 times
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Originally Posted by samiwas1 View Post
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.
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Old 02-18-2019, 06:12 PM
 
4,591 posts, read 3,035,362 times
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Originally Posted by MattCW View Post
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.
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Old 02-18-2019, 06:13 PM
 
Location: Decatur, GA
5,083 posts, read 3,859,744 times
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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.
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Old 02-18-2019, 06:14 PM
 
1,617 posts, read 660,795 times
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Quote:
Originally Posted by samiwas1 View Post
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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