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Improper Implied Consent: Can't Suspend an out of state license
Friday, 04 May 2007

The Georgia Department of Driver Services can not suspend the driver's license of a non-resident, but it can suspend the privilege to drive on the highways of the State of Georgia of a non-resident drvier. In McHugh v. State, A07A0323, April 17, 2007, the Officer told the Defendant out of state licensed driver, "what I am about to read you deals with your license to drive and your privilege to drive in Georgia, okay."  The Court of Appeals held that this "vague" and "indefinite" "attention grabbing preface" was not the equivalent of stating that the driver would have his out of state license suspended if he refused the test.  It was merely an "introductory statement" to the implied consent and not additional, deceptively misleading information that would impair a defendant's ability to make an informed decision about whether to submit to testing.  The Court listed statements that were "deceptively misleading" in these circumstances as follows: "you're automatically charged with DUI and your license is going to be suspended"; "he would lose his driver's license"; "license may be suspended for a minimum period of one year"; "you will lose your privilege to operate a motor vehicle from six months to one year"; and "your driver's license will be suspend for six months."

    Get out the soma.  Its time for another two minutes of hate and to party like its 1984.  This is the worst kind of Orwellian Doublespeak.  And remember:

  • WAR IS PEACE
  • FREEDOM IS SLAVERY
  • IGNORANCE IS STRENGTH

 





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No legal advice should be obtained from the web site alone. To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI/DWIs occuring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2006 George C. Creal, Jr. P.C.