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Supreme Court tosses Georgia's implied consent law
AccessNorthGA ^
| 10/6/03
| staff
Posted on 10/06/2003 10:08:49 AM PDT by 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.
TOPICS: Crime/Corruption; Government; US: Georgia
KEYWORDS: fourthamendment; impliedconsent; wodlist
1
posted on
10/06/2003 10:08:49 AM PDT
by
CFW
To: CFW
Wow - A state supreme court gets one right.
To: All
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3
posted on
10/06/2003 10:12:52 AM PDT
by
Support Free Republic
(Your support keeps Free Republic going strong!)
To: CFW
Hey! That's my state!
All right!
4
posted on
10/06/2003 10:13:56 AM PDT
by
eyespysomething
(As iron sharpens iron, so one man sharpens another. (Proverbs 27:17))
To: CFW
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.
5
posted on
10/06/2003 10:15:55 AM PDT
by
SAJ
To: SAJ
Impied ==> Implied
6
posted on
10/06/2003 10:16:28 AM PDT
by
SAJ
To: CFW
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?
7
posted on
10/06/2003 10:18:31 AM PDT
by
agitator
(Ok, mic check...line one...)
To: SAJ
Yeah, your meaning was implied!
<grin>
8
posted on
10/06/2003 10:19:47 AM PDT
by
Redbob
To: CFW
Every time you vote you give Democrats an implied consent to divine the intent of your vote.
9
posted on
10/06/2003 10:28:43 AM PDT
by
rhombus
To: eyespysomething
10
posted on
10/06/2003 10:35:36 AM PDT
by
CFW
To: *Wod_list
.
11
posted on
10/06/2003 10:56:38 AM PDT
by
Vigilantcitizen
(Game on in ten seconds...http://www.fatcityonline.com/Video/fatcityvsdemented.WMV)
To: SAJ
``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!
12
posted on
10/06/2003 11:11:35 AM PDT
by
CFW
To: Redbob
Y'know how it is...ya gotta watch out for the Speeling Polise around here (g!)
13
posted on
10/06/2003 11:33:35 AM PDT
by
SAJ
To: CFW; jmc813
``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.
14
posted on
10/06/2003 12:11:33 PM PDT
by
MrLeRoy
(The legitimate powers of government extend to such acts only as are injurious to others. - Jefferson)
To: CFW
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.
15
posted on
10/07/2003 9:47:04 AM PDT
by
honeygrl
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