Atlanta area Law Enforcement turns to the “safety check” , i.e., Road Block, during the Holiday Season . While the stated purpose is to enforce the seat belt law and to check for valid licenses and auto insurance, the real goals of a Road Block, are impaired driver and DUI Arrests. The average fine for a seat belt violation is $25.00, and $250.00 for a no proof of insurance ticket, while Fines and court costs for a DUI can easily exceed $1000.00, YOU DO THE MATH! Road Block is used in place of the typical “Probable Cause”, i.e., speeding, improper lane change, and reckless driving that we often see as the initial reason for the arresting officer to pull you over. Recent Supreme Court Cases have made it harder for Prosecutors to prove that a Valid and Constitutionally correct Road Block was set up. Such a DUI arrest should be contested in court, requiring the Prosecution to prove that the Road Block was legal and can be used to replace a finding of Probable Cause to support the DUI arrest.
Ray discusses the NFL prescription drug inspection and P.J. William, Florida State football player, who fled the scene of an accident.
Listen to Ray on 680 The Fan, The Front Row discussing NFL player Adrian Peterson’s criminal case and FSU football player, Jameis Winston’s upcoming hearing.
FSU’s Winston is facing nothing but bad options. FSU, under federal “title 9” requirements must investigate the sexual assault allegation against Winston. The university’s need to hold a student disciplinary court hearing, puts Winston in danger of being suspended by FSU, and opens the door to a Civil Lawsuit and perhaps criminal charges for assault by the alleged victim. University rules prohibit a lawyer from representing Winston’s case, and as he has shown in the past, Winston has the ability to say and do the wrong thing at the worst time.
A parent’s right to discipline his or her child comes into conflict with the criminal laws on assault and child abuse. Does the Texas “Corporal Punishment” Statute permit leaving visible cuts on a child’s buttocks, back and scrotum, or will a Jury consider Peterson’s actions “tough love” and an effort by a loving parent to teach his son “right from wrong”? The doctor who examined the child called the cuts “extensive” and alerted Law Enforcement. The Grand Jury, a sample reflection of the community where the “whopping” took place, called it “negligent or reckless injury to a child”. Peterson denies any intent to harm the child, and it will be up to a Jury to determine if this was an act of loving discipline, or a crime.
Justin Ross Harris has been indicted in Cobb County on 8 counts after he left his son in the car on a hot Atlanta day. Watch what legal expert, Ray Giudice, thinks about the indictment, prosecution team, and the trial ahead.
Prosecutors may face an uphill battle with arrests made as a result of a “roadblock” or police checkpoint”, but only if the defense properly raises and thoroughly presents the right challenge. In order for an arrest made from a roadblock stop to stand up to a challenge in court, the prosecutor must be able to show that the police department that initiated the stop had a roadblock program with an appropriate primary purpose, other than ordinary crime control; subjecting the departmental program to scrutiny, not just the roadblock in question. In addition, the prosecutor must show that the roadblock was properly authorized, planned and staffed.
The decision to implement the roadblock must be made by supervisory personnel rather than the officers in the field; all vehicles must be stopped as opposed to random vehicle stops; the delay to motorists can only be minimal; the roadblock operations must be identified as a police checkpoint; and the “screening” officer’s training and experience must be sufficient to qualify him or her to make an initial determination as to which motorists should be given field tests for DUI.
D.U.I by DOPE? Oh yes. Under Georgia’s DUI law, if you are “impaired” by alcohol, illegal drugs, legal prescriptions, or any combination of the three, to a degree where you are a “less safe driver”, you can be convicted of DUI. Marijuana cases are somewhat harder for Law Enforcement to prove, as the physical manifestations of marijuana, or prescription drugs, are harder for most Cops to detect. But “THC’, the chemical component in marijuana, can stay in the bloodstream for up to 30 days, and a “Chronic” daily smoker can build up a very high level of THC in his blood stream.
As Pittsburgh Steeler running back La’veon Bell, stopped by the police just hours before a game, will soon find out, getting high 2 hours before a traffic stop can lead to criminal charges of DUI, and possibly misdemeanor possession of Marijuana.
Why is his father, Justin Harris, charged with murder? And why haven’t the authorities released the results of their investigations to the public? Watch as Ray Giudice shares his thoughts with CBS 46.