Augusta State Rep Atlanta DUI case shows how a refusal does not always mean a license suspension

Sunday, 04 May 2008

Augusta Georgia State Representative Ben Harbin was recently charged with a DUI and refusal to take an alcohol test after an allegedly Atlanta DUI related accident involving a telephone pole.   Augusta TV stations recently reported that he did not lose his license because the police officer did not show up at the driver's license court at the State Office of Administrative Hearings.   The Police officer claims he thought the hearing had been cancelled.  This case is a good lesson for DUI defendants.   A DUI arrestee can refuse to take a state administered chemical test of their blood breath or urine.  However, if they do they face a one year license suspension.  First, to avoid a one year license suspension, they have to request a hearing within ten days of arrest.  Second, they have to show up at a driver license court held at the Office of State Administrative hearings.  This hearing is triggered by the ten day letter and notice is sent to the driver and the sender of the letter.  At the driver's license court, three things can happen.  First, the officer may not show up and the one year suspension is rescinded.  This is quite common and what happen in the Harbin case.   Atlanta police with a few notable exceptions rarely show up for these hearings.  Second, a withdrawal of the one year license suspension can be negotiated with the officer.  This is also quite common, but usually results in a plea of guilty of some form.   Third,  a hearing can be conducted.   This may result in the beginning of a one year license suspension but only if you plea or lose a DUI trial for less safe DUi.  The reality is that Officer's are trained to arrest people with such low blood alcohol that they are rarely actually "less safe" from alcohol, so the majority of  attorney conducted jury trials in these cases result in not guilty verdicts for less safe DUI especially if there is a video.   Further, the hearing at the driver's license hearing is free discovery and usually results in a transcript of the officer's testimony  for  a DUI jury trial and inconsistent officer testimony for a DUI  jury trial.   Many police realize that showing up for a license hearing will just result in a forced DUI jury trial to save the driver's license that the police will lose and be made to look bad in the process because they are enforcing illogical and unreasonable DUI law.   So who is covering the police officer or the politician? .

 

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