Administrative License Suspension Hearing
Judge: Asking Trooper 1 if he has a list of items. Him replying yes mam.
I’m going to record this. ???
We are here in the matter of Ms., Docket number OSAH-DPS-xxxxxxxx, TODAY IS January the eighth, the time is 10:18 and for the record will the parties please state your name?
Trooper 1: Trooper First Class Trooper 1
Judge: Ok, alright Trooper 1 will you raise your right hand first? Do you swear you will tell the truth the whole truth and nothing but the truth?
Trooper 1: I will.
Judge: Ok, you can begin.
Trooper 1: On November 15, 2008 at about 0047 hours, which was 12:47 in the morning, I was patrolling on GA 3 in the north end of xxxxx County, traveling south, in the area of Mauldin Road. I observed a vehicle traveling north at that point, I made a visual, approximation of the vehicle at what appeared to be a higher rate of speed than 45 mph. I made a visual approximation of what the vehicle may have been going. I activated the radar unit and confirmed the vehicle was above the posted speed limit on 60, um the speed limit was 45 and the vehicle was 63 mph. I then turned around on the vehicle and drove behind it for approximately for one to two minutes. The vehicle activated its left turn signal and entered the middle turning lane turning into a hotel at um, just before I-75. At that point I turned my blue lights and wig-wags on pulled in behind the vehicle and preformed the traffic stop. Then the driver stepped out of the vehicle, which was, I was to be advised later on to be Ms..
Judge: What was the date of this all again?
Trooper 1: November the 15, 2008.
Trooper 1: I saw her step out of the vehicle I also noticed there was a male passenger in the front seat. It was a 1996 Chevrolet S-10 she was driving on the date in question. She got out of the truck and began to walk back toward the vehicle. I told her to step in front of the car. At that point she was holding what appeared to be her license and another plastic card, a credit card or whatever, she was kinda holding them out to the side. She wanted to know why I had stopped her and I advised her that the reason I stopped her was she was driving above the posted speed limit. She advised she was only traveling 45 mph. So at that point I noticed her eyes were bloodshot, glassy and watery I noticed that when I held my flashlight up. And also as she got closer and began to speak with me I detected an odor of alcoholic beverage on her breath. At that point I asked her how much she’d had to drink and she stated 2-3 drinks of Absolute Vodka. After that she started to say some kind of riddle pertaining to sheets and some other profanity words that I don’t want to mention. I asked her what the reason was you know why she was drinking and if she would perform some field sobriety tests for me. So at that point she said she would do some field sobriety and I asked her ??? I got the alco-sensor at that point I got a positive reading for alcoholic beverage. While I also went into the HGN. While I was trying to explain about the HGN she kept asking me about ??? the truck, you know, I’d noticed the headliner was fell down in the truck she wanted to know how to fix it and also the truck ???. There was a lot of confusion there about explaining the HGN to her and ??? and her counter action ??? So there was a lot of confusion there on the truck while I was trying to explain the HGN to her. ??? a six clues on the HGN and at that point I went on into the walk and turn and started to explain that and she said she didn’t have good balance, she couldn’t balance real good so I asked her to perform the one legged stand and she again told me that she didn’t have a good balance. So at that point I placed her under arrest for Driving Under the Influence of alcohol and placed her in the rear of my patrol car. I read her the Implied Consent Notice for subjects 21 and that was known by her birthday of 7-19-XXXX.
Judge: Will you be submitting that of reading it?
Trooper 1: I’ll be reading it. Implied Consent notice for suspects 21 and over reads as following 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 driver’s 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 0.08 grams or more, your Georgia driver’s 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 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 tests of your breath under the implied consent law? And then onest I was finished reading the implied consent law she stated no, that she’d already taken the test. And at that point I tried to explain to her that the alco-sensor was not a state test it was ??? the side of the road. At that point she was transported to the sheriffs office. At the sheriffs office where the machine was located, I set up the machine and while she was getting her personal items taken from her and put into inventory at the jail and once the machine was set up I walked in there and asked her that if she wanted to take the breath test this would be the present time to do that and uh, at that point she agreed to take the test and both
Judge: And did you read her the implied consent again at that point?
Trooper 1: No, I just asked her ??? she was in a different room from the machine ???. At 01:52 the first sample was taken at 0.165 grams and at 0.56 the second sample was taken at .155 grams
Judge: Do you have those results?
Trooper 1: Yes mam.
Judge: ??? a copy of these?
Trooper 1: She should of got a copy of it.
Judge: Ok, ??? and then I’ll ???
Ms.: That’s not my signature
Judge: ??? the subjects name, ok. Do you have any objections to these being admitted as evidence?
Ms.: I’m not sure, I guess not.
Judge: Ok, Then they are in evidence. The operators permit will be R-2 and the ??? results will be R-1.
Trooper 1: ??? the permit is R-2 and the results is R1?
Trooper 1: That’s all I have your Honor.
Judge: ??? Do you swear to tell the truth and nothing but the truth?
Ms.: Yes, your Honor
Judge: This is still the troopers case, but you now have the opportunity to ask him any questions and then I’ll be your case and you can tell me anything you want ??? Do you have any questions for him?
Ms.: No, I don’t think so
Trooper 1: Carry on
Judge: Sir, did you have anything else?
Trooper 1: No
Judge: Ok, Ms. Ms., what would you like for me to know?
Ms.: What would I like for you to know.
Ms.: Your Honor,
I respectfully stand before this court today in what I feel certain to be considered double jeopardy, as it would seem I have already been tried and convicted by law enforcement acting of behalf of the department. On November 15, 2008 at 12:47am Trooper 1 #xxx took my drivers license and issued no instrument of a temporary driving permit, no citation, nor any notice of intention to suspend. In fact the ONLY documentation I was afforded was a Gordon County Jail Receipt For Property No. xxxxx. I feel that I have been denied procedural due process required by the Fourteenth Amendment of The United States Constitution.
Citing the following:
U.S. Supreme Court
BELL v. BURSON, 1971
Once license are issued their continued possession may become essential in the pursuit of a livelihood. Suspension of issued license thus involves state action that adjudicates important interest of the licensees.
Judge: How did you know about, how did you know about your license suspension?
Ms.: I got on the internet. That’s how I knew. That’s the only way I knew.
In such cases the licenses are not to be taken away without that procedural due process required by the Fourteenth Amendment.
Judge: You do realize that that’s what this is, correct? This is your due process for your license, this hearing right here.
Judge: Well you see, as soon as you file for this hearing, you got your license back ???.
Ms.: I never received a temporary.
Judge: You don’t receive a temporary. The notice of this hearing. This is your, I mean, you are allowed to drive.
Trooper 1: The yellow copy will serve as a driving permit for a period of .
Ms.: This piece of paper is my driving permit, excuse me, I’m sorry. This is the only piece of paper.
Trooper 1; Judge; Ms. (Everyone Arguing)
Ms.: This is the only piece of paper I received.
Judge: You received a notice of hearing from this office.
Judge: That, that, that, that can act as a drivers license. Ok, what have you got?
Trooper 1: This is the this is ???
Judge: Ok, that’s the 1205.
Trooper 1: This is the 1205
Ms.: And down on the bottom of this it actually states unless otherwise, that the temporary driving permit issued would be extended. Um, ORDER EXTENDING TEMPORARY DRIVING PERMIT: Petitioner’s driving privileges are extended until the issuance of a written decision by the Judge or unless otherwise extended or suspended.
Ms.: I wasn’t issued anything of a temporary driving permit. I’m not really sure of.
Judge: It’s driving privileges. ??? Actually the Trooper is saying you received the 1205, but you don’t receive something physically. You have that notice of hearing and you have your driving privileges ???
Ms.: Georgia Code says that officers shall issue ???
Judge: The officer said he gave you the copies of the 1205, your saying he didn’t?
Ms.: I’m saying the only piece of paper that I was afforded ??? was this piece of paper right here, until I received this ???
Judge: Ok, I’ll let you.
Ms.: This is not a driving permit, this is a.
Judge: I know what that is, ok, ok.
Ms.: Do you want codes?
Judge: You can just give me the codes, you don’t have to read it, I know the codes.
Ms.: Georgia Code Title 40, Chapter 13, Section 24
Georgia Code Title 40, Chapter 5, Section 67, b, 2, and c1.
Georgia Code Title 40, Chapter 5, Section 67.1, f1.
Therefore your Honor, I respectfully make a motion that this case be dismissed.
Judge: Ok, anything further?
Judge: Ok, Trooper do you have anything further?
Trooper 1: Yes, Mam, if you don’t mind. The uh white copy which is the top copy of the ??? goes to file and the yellow copy which goes to her along with her citations, both of them were left at the sheriffs department. ??? And also ??? and my signature on them. I actually read them to her twice but she didn’t have her glasses so she couldn’t read it herself. After reading it to her twice she still refused to sign it. I left it at the sheriffs office ??? along with the intox slip and that should have been given to her upon her release when she was released from the sheriffs department.
Judge: Ok, anything else?
Ms.: I did not receive anything ???
Judge: Ok, your motion is denied. I will give you my decision on weather or not your license will be revoked. ??? receive something in the mail in the next five days. Ok, does either party have anything else to say before I go off the record?
Trooper 1: No
Judge: Ok, ??? in the mail within five days.
(??? means Inaudible)