@The Oracle of the Athens Banner Herald: Please direct me to the law or laws regulating the service of criminal subpoena's specifically.posted @ Tuesday, May 14, 2013 - 13:37
This article is incomplete and paints the police in an unfair light.
Considering that Fulton County most likely adjudicates hundreds of thousands of cases per year and this article looks at a two and a half year period we are talking about just over one percent (estimation based on an assumption of 35 cases per officer per year to be heard) of all cases being dismissed based on an officer's failure to appear.
We need more information here to get to the truth behind the problem.
That said, I don't like it when people miss court but it does happen.posted @ Tuesday, May 14, 2013 - 01:40
@STATE OF DENIAL: OCGA 9-11-4
"Process shall be served by the sheriff of the county where the action is brought or where the defendant is found, or by his deputy, or by the marshal or sheriff of the court, or by his deputy, or by any citizen of the United States specially appointed by the court for that purpose or by someone who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought. Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five (5) days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service."posted @ Tuesday, May 14, 2013 - 01:22
@eastsider99: I believe we would ask why someone with such a bright future would be willing to sacrifice it for worthless "street cred?"posted @ Saturday, April 20, 2013 - 02:14
@linnyt: I cannot comment on this case specifically but an example of violating this code section would be: as the offending vehicle passes another car at speed the driver realizes they have come up on their exit and they shoot over from the inside lane, across the outside lane, through the gore and onto the ramp.
Another example of violating that code section would be when traffic backs up and motorists decide to use the emergency lane (the far right paved section with the "rumble strip") to go around traffic to the right.posted @ Thursday, April 11, 2013 - 12:03
@TeeWee: Aggressive Driving is 40-6-397, Driving on Divided Highway 40-6-50posted @ Thursday, April 11, 2013 - 09:17
@TeeWee: Please, tell us more about how the Federal Gov't should regulate everything...posted @ Friday, March 29, 2013 - 10:07
This is why we have a judicial system, it is terrible that a life was lost and a career trashed but we are a nation of laws.
If the State proves their case beyond a reasonable doubt then Mr. Crozier should be held to the same standard as an ordinary citizen.
@TeeWee: I believe your intentions are good, I also think your dedication to public service is admirable. I would just like to see some forward thinking recommendations instead of the "damn the police" approach you typically employ.posted @ Sunday, February 24, 2013 - 13:45
@TeeWee: Glad we got the words from the "expert" on everything related to traffic enforcement.
If you have all the answers, why are you inactive?
@TeeWee: My recommendation is that you get a new hobby.posted @ Friday, February 1, 2013 - 17:39
@TeeWee: Every study I have read indicates that your idea on assigned vehicles has the exact opposite effect you propose. Take-home and assigned vehicles last longer, perform better, have lower operating costs and make for more productive and tenured officers.
Any other ideas?
Sometimes you should chase, sometimes you should let it go. I fully support the Deputies and based on what they saw, heard and felt I am confident they made the right choice given the circumstances.posted @ Thursday, January 10, 2013 - 19:39
[quote][b]TeeWee[/b] - Yet, laws state innocent people must pull to the side of the road whenever these people turn on their emergency flashers. These bad officers tar us good officers who are on the job.
One post, two separate points of view. I felt bad for a minute for questioning your position in law enforcement. Thanks for clearing that up for me...posted @ Wednesday, November 21, 2012 - 10:34
@TeeWee: Yesposted @ Wednesday, November 21, 2012 - 10:28
This would never happen in Athensposted @ Tuesday, November 13, 2012 - 23:05
This is the text of the law in question OCGA 40-5-20
(a) No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver's license before operating a motor vehicle in this state. Any violation of this subsection shall be punished as provided in Code Section 40-5-121, except the violation of driving with an expired license, or a violation of Code Section 40-5-29 or if such person produces in court a valid driver's license issued by this state to such person, he or she shall not be guilty of such offenses. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license.
As you can see, it does not require you to obtain a license if you are a resident who does not drive, it only requires you to obtain a license if you are a resident to exercises the qualified right to drive.
The last sentence about reporting information to "the department" is referring to providing legal identifiers about persons convicted of that crime for the purpose of tracking repeat offenders.
The Georgia DDS issues every person convicted of driving without a license a Georgia DDS customer ID number (license number) so that prosecution can request the enhanced penalties afforded by law and law enforcement can more reliably identify persons already arrested for the offense.posted @ Tuesday, November 6, 2012 - 16:16
@TeeWee: More of the same from you sir.
"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;........
To establish Post Offices and Post Roads;....."
That is the landmark piece of the US Constitution that you hung your argument on, now please explain how this applies to driver's licenses, immigration or traffic enforcement.
Now, if one takes a minute the read the text of 23 USC Ch 4 (Highway Safety Act) you will see that it is a piece of legislation designed to enhance and increase motorist education and law enforcement at a STATE level.
"(a) Each State shall have a highway safety program approved by the Secretary, designed to reduce traffic accidents and deaths, injuries, and property damage resulting therefrom. Such programs shall be in accordance with uniform guidelines promulgated by the Secretary."
While your resume is impressive, it is just that, a resume. As a former peace officer you know that your success is measured not in how quickly you rose through the ranks or how many positions you held. Your success is measured through your impact on the communities that you served. If you feel you made no lasting impact then I am sorry to hear you wasted all those years.
Please, share with us what other information might be helpful in figuring out what exactly you are talking about.posted @ Tuesday, November 6, 2012 - 15:57
@thepatrioticsob: What an open minded and well articulated post you made there... oh, wait a second...
Bottom line is, narrow minded conservatives and bleeding heart liberals that are inflexible, unwilling to consider reaching across the aisle and more interested in sticking with party lines than bringing about positive change are the reason for our fiscal issues.
People that say things like "Obummer" and "repubatard" only compound the issue.posted @ Tuesday, November 6, 2012 - 09:55
When an "officer" (properly should be a "public servant") attempts to stop somebody he violates federal law the moment he turns on his emergency lights when there is in fact no emergency. A traveler on the public right of way moving at some rate is not an emergency if there has been no damaged party. Declaring a false emergency is a criminal act.
What are you talking about? What federal law are you referring to? Why are you so upset about the speeding ticket you got?
Also, please explain how your random case law vomit, in any way, applies to this case
@TeeWee: Hey genius, it is a fundamental right to interstate travel, not a fundamental right to travel on Interstates.... Wow, and these people vote!posted @ Tuesday, November 6, 2012 - 09:32
@HailToAlmightyUGA: What an incredibly ignorant comment, regardless of your political affiliation.posted @ Monday, November 5, 2012 - 03:31
This appears to be a poorly written articleposted @ Sunday, November 4, 2012 - 02:54
“This court is more concerned about how this case will be perceived by the public.”
Let me give you a hint...
TRY HIM ALREADY! The only right we truly need to be concerned with regarding Jamie Hood is the right to a speedy trial, how does next week sound?posted @ Friday, October 26, 2012 - 18:24
[quote][b]dmorse22[/b] - EVERYBODY IS HUMAN AND WE ALL MAKE MISTAKES!!!!!
True, but most of our mistakes are related to taking on too much debt, lying to our friends or running a red light. You see, most of our mistakes are small and without malice. Most of us haven't ever accidentally broken into someones residence or stolen a car.
This guy was a miserable excuse of a person and a waste of human intelligence.
Sometimes nature has a way of taking care of things.
Winner of this months Darwin Award, congratulations!posted @ Monday, October 8, 2012 - 22:50
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