MOTOR VEHICLE AND TRAFFIC Operating While Under the Influence: Provide a Comprehensive Revision, Modernization, and Reform of the Laws of this State Relating to Operating Motor Vehicles While Under the Influence of Alcohol, Drugs, or Other Substances; to Provide for Implied Consent to Chemical Testing; to Provide Definitions; to Provide for the Adoption of Such Laws by Ordinance by Political Subdivisions; to Provide for the Discretion of the Court to Accept Certain Pleas; to Provide for the Publication of the Photographs and Fact of Conviction for Certain Offenders; to Amend Various Provisions of the Official Code of Georgia Annotated, so as to Conform Such Provisions to the Provisions of this Act; to Provide for the Applicability and Effect of this Act; to Provide for the Applicability and Effect of this Act; to Provide an Effective date; to Repeal Conflicting Laws; and for Other Purposes

Authors

Georgia State University Law Review

Document Type

Peach Sheet

Abstract

The Bill proposed consolidation of existing DUI laws in Georgia and the addition of new sections to the Georgia Code that would address perceived ambiguities caused by recent Georgia court decisions. Specifically, the bill was intended to facilitate the collection of admissible evidence by law enforcement officers in DUI cases. For example, the bill proposed the availability of implied consent chemical testing where there is "probable cause" to believe that a suspect is operating a motor vehicle while under the influence of of alcohol, drugs, or other substances in certain circumstances. Further, the bill would have allowed for the admissibility of chemical test results where the defendant driver did not consent to testing, but a valid warrant was obtained. Additionally, the bill would have allowed for the admissibility of chemical test results where the law enforcement officer misread or failed to read portions of the implied consent notice.

Recommended Citation

Georgia State University Law Review, MOTOR VEHICLE AND TRAFFIC Operating While Under the Influence: Provide a Comprehensive Revision, Modernization, and Reform of the Laws of this State Relating to Operating Motor Vehicles While Under the Influence of Alcohol, Drugs, or Other Substances; to Provide for Implied Consent to Chemical Testing; to Provide Definitions; to Provide for the Adoption of Such Laws by Ordinance by Political Subdivisions; to Provide for the Discretion of the Court to Accept Certain Pleas; to Provide for the Publication of the Photographs and Fact of Conviction for Certain Offenders; to Amend Various Provisions of the Official Code of Georgia Annotated, so as to Conform Such Provisions to the Provisions of this Act; to Provide for the Applicability and Effect of this Act; to Provide for the Applicability and Effect of this Act; to Provide an Effective date; to Repeal Conflicting Laws; and for Other Purposes, 23 Ga. St. U. L. Rev. (2012).
Available at: https://readingroom.law.gsu.edu/gsulr/vol23/iss1/18