Supreme Court tosses Georgia's implied consent law

AccessNorthGA ^ | 10/6/03 | staff

[CFW]

ATLANTA - The Georgia Supreme Court unanimously overturned the state's implied consent law Monday, which required motorists involved in serious accidents to submit to drug testing or face the loss of driving privileges for a year.

In the Barrow County case, the court ruled that the statute is unconstitutional because it -- quote -- ``authorizes a search and seizure without probable cause.''

The law had stipulated that any motorist involved in an accident resulting in serious injury or death was assumed to have given prior consent to a chemical test to determine the presence or alcohol or other drugs in his body.

Refusing the test made motorists subject to a suspension of their license for a minimum of a one year. Evidence that they refused to be tested could also be offered against them at trial.

In overturning the law, the Supreme Court says there is NO dispute that the state must guard its citizens from the perils caused by intoxicated drivers. But it says the primary purpose of the implied consent statute is -- quote -- ``to gather evidence for criminal prosecution.''

In an opinion written by Justice P- Harris Hines, the court held -- quote -- ``No matter how important that purpose may be, it does not create a special need to depart from the Fourth Amendment's requirement of probable cause.''

The challenge arose from a challenge by Carey Don Cooper, who was involved in a two-vehicle collision in Barrow County in August 2000. Cooper agreed to a blood test after being informed of the implied consent law by a state trooper.

The trial judge rejected his motion to suppress results of the drug test. The appeal followed.

[Shethink13]

Wow - A state supreme court gets one right.

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[eyespysomething]

Hey! That's my state!

All right!

[SAJ]

Impied consent is and always has been an abomination, constitutionally. Perhaps the USSC will now take a similar hard look at the odious practice of police checkpoints and random stops.

Perhaps.

[SAJ]

Impied ==> Implied

[agitator]

Of course, what most people don't know is that by forcing you to get their stinking National Identity Card masquerading as a driver's license, you have also agreed by the same "implied consent" laws to grant a permanent power of attorney (permanent in that it remains in effect even after you die) to the head of the Dept of Motor Vehicles to accept service of process against you. Didn't know you had a lawyer working for you, did you?

[Redbob]

Yeah, your meaning was implied!
<grin>

[rhombus]

Every time you vote you give Democrats an implied consent to divine the intent of your vote.

[CFW]

Hey! That's my state! All right!

You might like this article.

Georgia Republican Party Hosts Governor’s Dinner; Raises Half a Million Dollars

[Vigilantcitizen]

.

[CFW]

``No matter how important that purpose may be, it does not create a special need to depart from the Fourth Amendment's requirement of probable cause.''

bump!

[SAJ]

Y'know how it is...ya gotta watch out for the Speeling Polise around here (g!)

[MrLeRoy]

``No matter how important that purpose may be, it does not create a special need to depart from the Fourth Amendment's requirement of probable cause.''

If only the Drug Warriors would get this word.

[honeygrl]

I just saw this story in the Athens Banner Herald today and when I did a search I realized you beat me to posting it. :-p I was on FR all day yesterday and completely missed it somehow.