The latest Supreme Court ruling with reference to drawing blood from a suspected drunk driver dictates that the practice is unconstitutional. DUI attorneys (many of them can be found on USAttorneys.com), police authorities, and state prosecutors are scheduled to meet regarding the new ruling and how to go about collecting blood samples in future DUI related arrests.
Drunk accident of aggressive drivers (potential murderers) should not have a right to privacy
According to a report in 11Alive, the law is undoubtedly going to make it harder for arresting officers and prosecutors to arrest and convict people for DUI’s, but on the other hand it will resolve the issue the surrounding the unconstitutional nature of the current method of obtaining evidence.
DUI attorneys have simplified the issue by comparing the human body to a house. They say that like how the police require a search warrant to search your house, similarly, they need your permission to look inside your body. However, the current method is to ask the suspected driver if it’s ok to collect blood samples and also to let them know that if they do not consent to the search they could lose their driver’s license for a whole year. Clearly, these are conflicting statements and do not really give the driver much of a choice.
21-year old motorist held without bail for DUI related fatal car crash
Quantae Lanard Adams, a 21-year old from Cobb County is being held at the Cobb County jail without bond. The man has been charged with felony death pertaining to a DUI, failure to maintain traffic lane, driving on a suspended license among, other charges.
AJC.com reports that Adams was driving a black Chevrolet Camaro on Windy Hill road in a southerly direction when he attempted to make a left hand turn, he lost control and the car went spinning and crashed into a maroon 2002 Pontiac Montana.
Adams escaped unscathed but his two passengers suffered a worse fate. 22-year old John Benjamin Daniel Harris succumbed to injuries while 24-year old Derrick Souffrant sustained serious life-threatening injuries.
The occupants of the Pontiac included 36-year old Bernardo Alvarez, his wife and his minor child were all transported to WellStarKennestone Hospital and were treated for minor injuries.
Implied consent law comes under questioning
The Georgia Supreme Court have started working on new legislation in place of the implied consent law which they have unanimously determined to be unconstitutional and conflicting. According to Atlanta DUI attorneys, the law allows for examination or searches of one’s person without prior consent. It has been noted that even in cases where the suspect consents to the search it is only because they are under the impression that they have no other choice.
New laws might require arresting officers to change the statements they make while attempting to collect evidence for a DUI arrest.
Currently, officers ask the suspect if they may investigate his or her blood, urine, breath etc. and then state that they could lose their Georgia driver’s license for a whole year if they do not consent. Many people believe you give up certain rights if you are suspected of driving drunk and you just either hit someone on a bike or smashed into someone’s car for instance. Driving is a privilege, not a right.