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Marijuana and DUI in GA (CRIMINAL LAW & PROCEDURE)

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• Thu, 02 Sep 2004 04:27:00 GMT(1)

• Quote:

  shine a penlight into his eyes

  Which would be the a field sobriety test approved by NHTSA known as the Horizontal Gaze Nystagmus.
• Fri, 27 Aug 2004 00:46:00 GMT(2)
• If he performed poorly on the field sobriety tests - or at least something under par, then any positive test for THC will likely stand a good chance of convicting him.
  Carl
• Thu, 02 Sep 2004 01:02:00 GMT(3)
• read this:www.legis.state.ga.us/legis/2003_04/gacode/40-5-22.html
  40-5-22: This is the latest word as it relates to your son's DL as a 16-year-old as of 2003-04. It's a long read.
  16-13-49.
  (a) As used in this Code section, the term:
  (1) 'Controlled substance' shall have the same meaning as provided in paragraph (4) of Code Section 16-13-21 and shall also include marijuana as such term is defined in paragraph (16) of Code Section 16-13-21, notwithstanding any other provisions of this article.
  THIS SHOULD HAVE BEEN READ TO YOUR SON BEFORE THE TESTS. IF NOT THE TESTS CAN BE INVALIDATED. IF HE WASN'T TOLD THAT HE HAD A RIGHT TO HIS OWN INDEPENDENT TEST, IT VOIDS THE STATE'S TESTS.
  40-5-67.1.
  (a) The test or tests required under Code Section 40-5-55 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 and the officer has arrested such person for a violation of Code Section 40-6-391, any federal law in conformity with Code Section 40-6-391, or any local ordinance which adopts Code Section 40-6-391 by reference or the person has been involved in a traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which test or tests shall be administered initially and may subsequently require a test or tests of any substances not initially tested.
  (b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent notice from the following:
  (1) Implied consent notice for suspects under age 21:
  'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia drivers license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia drivers license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'
  GOOD LUCK
  "They say Lady Justice is blind but i do believe the old girl is peeking."
• Fri, 27 Aug 2004 10:55:00 GMT(4)
• They did not do much of a sobriety test, the only thing the officer did was shine a penlight into his eyes to look at his pupils and ask him some questions.
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