Ca!nman
2004-04-08 05:19:15 UTC
Another poster mentions that a first offender DWI must attend a DUI school
and keep the act clean for 12 months.
Assuming the state is Georgia, since they were the ones who originated
thisand keep the act clean for 12 months.
Assuming the state is Georgia, since they were the ones who originated
"Nighthawk" program, we take a look at what Georgia law has to say.
http://library.lp.findlaw.com/articles/file/00869/001667/title/Subject/topic/Criminal%20Law_DUI/DWI/filename/criminallaw_1_125
Imprisonment not less than 10 days nor more than 12 months;
Judge may suspend all but 24 hours of imprisonment;
Probation, 12 months less any time served in jail;
Fine not less than $300 nor more than $1,000;
Not less than 40 hours community service;
Attend and complete Drug and Alcohol Risk Reduction School; (DUI school);
12 month suspension of drivers licenses, however after 30 days following
theImprisonment not less than 10 days nor more than 12 months;
Judge may suspend all but 24 hours of imprisonment;
Probation, 12 months less any time served in jail;
Fine not less than $300 nor more than $1,000;
Not less than 40 hours community service;
Attend and complete Drug and Alcohol Risk Reduction School; (DUI school);
12 month suspension of drivers licenses, however after 30 days following
effective date of the suspension individual my apply for a reinstatement.
Must have completed the Drug and Alcohol Risk Reduction School, and pay a
reinstatement fee of $210 if reinstatement is applied for in person or
$200.00 by mail.
While attending the school it is learned that persons on probation give up
their fundamental rights.
To a certain extent perhaps, but not entirely.
As the offense is one which involves the use of a motor vehicle, the state
may not impose restrictions which do not involve the use of a motor
vehicle.Must have completed the Drug and Alcohol Risk Reduction School, and pay a
reinstatement fee of $210 if reinstatement is applied for in person or
$200.00 by mail.
While attending the school it is learned that persons on probation give up
their fundamental rights.
To a certain extent perhaps, but not entirely.
As the offense is one which involves the use of a motor vehicle, the state
may not impose restrictions which do not involve the use of a motor
In my humble opinion anyway.
Taking the original post to the extreme, let us assume that a person is
charged with DUI in Georgia and is a member of a Fraternity house on a
college campus and lives within that house.
According to the poster's statements, this "Nighthawk" program involves
theTaking the original post to the extreme, let us assume that a person is
charged with DUI in Georgia and is a member of a Fraternity house on a
college campus and lives within that house.
According to the poster's statements, this "Nighthawk" program involves
use of a parole officer, and a uniformed officer, who can enter the home
andconduct tests and searches at will.
Our Frat boy gets paid a visit. The officers conduct a search and find
liquor in the "house".
Has our Frat boy violated the probation and therefor hauled off to jail?
Can the officers legally confiscate the private property of another person
who is not on probation?
I don't think so.
What rights are denied because a person on probation?
Driving is not a right, it is a priviledge.
Therefor, the denial of any other rights is illegal and unconstitutional.
If any one has any proof to the contrary, I'm open to learn.
The Nighthawk program says that you will be visited at your home
unannouncedOur Frat boy gets paid a visit. The officers conduct a search and find
liquor in the "house".
Has our Frat boy violated the probation and therefor hauled off to jail?
Can the officers legally confiscate the private property of another person
who is not on probation?
I don't think so.
What rights are denied because a person on probation?
Driving is not a right, it is a priviledge.
Therefor, the denial of any other rights is illegal and unconstitutional.
If any one has any proof to the contrary, I'm open to learn.
The Nighthawk program says that you will be visited at your home
at which time you will be given a breathalyzer test and a search of your
home may be conducted.
Is the home the only source of tools for impairment?
Hardly. I'll just ask my good friend and neighbor if he'll keep my liquor
for me.
The cops can't search his home.
What if I go out for dinner and the place sells liquor?
Have I violated probation merely because I enter a business which sells
alcohol?
While the Nighthawk program might be a sound idea, I can see where there
ishome may be conducted.
Is the home the only source of tools for impairment?
Hardly. I'll just ask my good friend and neighbor if he'll keep my liquor
for me.
The cops can't search his home.
What if I go out for dinner and the place sells liquor?
Have I violated probation merely because I enter a business which sells
alcohol?
While the Nighthawk program might be a sound idea, I can see where there
open to a lot of legal scrutiny and could be challenged if not handled
properly.
Just my rant for now thank you.
Path:properly.
Just my rant for now thank you.
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From: "Richard" <***@127.001>
Newsgroups: misc.legal
Subject: DWI equals denial of rights?
Date: Wed, 7 Apr 2004 07:07:32 -0500
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