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Apr 20, 2009
Little Hearing Set
The court hearing on the DUI charges against Senator Zeb Little (D-Cullman) is now set. It will take place in Jefferson County, where the alleged offense took place. The Senator's alleged refusal to take a Breathalyzer test caused one friend of mine to squawk: "Anybody else who..." You know the routine. I did some searching and found several sites maintianed by defense atttorneys on the subject of refusing to take the test. It's not quite as cut and dried as you might think.
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Is ol' Zeb singin' "I've got friends in low places..."?
ReplyDeleteHis driving license, by law, IS suspended. BUT, I can GUARANTEE that ol' Zeb is drivin'... but he is NOT cryin'!
Here's what I did NOT know:
The al.com story reports that Zeb was charged with "DUI, failure to yield for an emergency vehicle, having an open container of alcohol in his car and having an expired driver's license."
DAMN!
(Expired license? That's just plain ol' lazy!)
Not only that, but he "hit another vehicle and he kept driving," and "initially failed to pull over for the trooper."
Holy crap!
(Why wasn't he charged with 'attempting to evade/elude' and 'hit and run'?)
I hope the goomer hangs! He ought'a have his license to practice law suspended pending successful rehab. As well, he ought'a be removed from public office by impeachment... if he doesn't resign first. He has disgraced the office and people he represents, as well as mocking the legal system, the laws of which people like him write!
(Reckon he has an alcohol problem? Hey! Zeb! There're AA meetings in almost every city in Alabama - even in "dry" Cullman!)
If it was you, or I or anyone else, they'd THROW the ever-living book at us!
Aaah... the privilege of power...
However, he has a short-term driving permit.
Read on.
"Alabama has a similar statute, which essentially states that drivers on a public roadway are deemed to have given their consent to have their blood/alchohol level tested (by blood, urine, or breath) after being lawfully arrested for any offense arising from alleged drunk driving. Therefore, if you refuse a test, your license will be "administratively" suspended for 90 days for said refusal. However, with the help of competent legal counsel, a suspension under the implied consent statute can be reduced or nullified.
"In the state of Alabama, the Alabama Department of Public Safety is required by law to immediately and automatically suspend the license of anyone arrested for DUI who has a .08% breath test reading or refuses to take the breath test. This is unlike all other criminal offenses where you are innocent until proven guilty.
"In order to get drunk drivers off the highway immediately Alabama legislators have circumvented the Constitution by allowing the Department of Public Safety to enact "Administrative Per Se Suspensions." Thus, Alabama law enforcement officers will continue to immediately suspend licenses but they then give Alabama drivers a short-term driving permit. However, in Alabama you only have 10 days from the date of your arrest to request an administrative hearing which can prevent the automatic suspension of your license."
ref: http://www.alabamaduiblog.com/tp-080606133912.shtml