03.11.10

Perhaps a law that will help those accused of DUI?

Posted in Uncategorized at 5:00 pm by Kimbrell & Burgar, LLC

It has long been the solid trend in Georgia that any changes to DUI law in Georgia have been strongly against the interests of the accused. However, this year the Georgia legislature is considering HB 24, a bill which would adopt the federal rules of evidence. This may or may not help those accused of crimes generally, but the federal rule as it applies to “similar transactions” is much more favorable to DUI defendants.

“Similar transaction” evidence is evidence of past acts used to prove motive, intent, or in the case of DUI, “bent of mind.” In a nutshell, current Georgia law allows the State to introduce evidence of prior DUIs to show “bent of mind” or a propensity to drive drunk. In most other circumstances, character evidence such as this is strictly prohibited, but the current law allows a unique exception in Georgia for DUIs. Frankly, we consider this to be grossly unfair to our DUI clients.

We’ll monitor the progress of HB 24 and post at a later date. Hopefully the law will be changed to end what can only be considered an unjust law applied to DUI defendants.

K&B, llc

03.08.10

They are a lot stricter elsewhere

Posted in Uncategorized at 3:22 pm by Kimbrell & Burgar, LLC

A frequent complaint we hear from clients is that .08 blood alcohol limit for DUIs is too low. This is certainly a subject for debate, but we must acknowledge the limit tends to be even lower elsewhere in the world:

German Protestant leader quits after DUI incident
By GEIR MOULSON

The Associated Press

BERLIN — Germany’s top Protestant cleric resigned on Wednesday after she was caught driving with a blood-alcohol level three times the legal limit, an incident that she said had undermined her authority.

Germany’s top Protestant cleric has announced her resignation after she was caught driving with a blood-alcohol level three times the legal limit. Margot Kaessmann said Wednesday that she is stepping down as the head of the Lutheran church following the weekend incident. Kaessmann was stopped by police Saturday after running a red light in Hanover.

Margot Kaessmann, who was elected only last October as the first woman to head Germany’s Lutheran church, said she was quitting both that post and her job as bishop of Hannover immediately.

“I made a serious mistake that I regret deeply,” Kaessmann, 51, said in a statement to a televised news conference.

“My heart tells me very clearly that I cannot remain in office with the necessary authority,” she added. “I would no longer have in the future the same freedom that I have had to name and judge ethical and political challenges.”

During her brief time in office, Kaessmann proved willing to give the Protestant church a voice of authority, wading into key political issues including the war in Afghanistan. Her resignation, despite support from her church, commanded widespread regard.

Chancellor Angela Merkel said she accepted Kaessmann’s decision “with respect and regret,” adding that she had valued working with the bishop.

Kaessmann was stopped by police on Saturday after ignoring a red traffic light in Hannover.

A test showed she had a blood-alcohol level of 0.154 percent — well above the legal limit of 0.05.

Kaessmann, who was accompanied by her four daughters as she gave her resignation statement, gave no detailed explanation of her actions and took no questions.

Because her blood alcohol level was above 0.11 percent, it is considered a criminal offense in Germany. Prosecutors in Hannover have begun an investigation.

Kaessmann faces the loss of her driver’s license for at least several months and a fine.

After the story broke on Tuesday, fellow Lutheran church leaders gave her a vote of confidence and left Kaessmann to decide what to do.

Kaessmann’s deputy, Nikolaus Schneider, was to take over until new elections for the post are held in November. A term lasts six years.

She said that she would remain a pastor in Hannover, where she has been bishop since 1999.

Kaessmann was diagnosed with breast cancer in 2006, forcing her to undergo an operation and take a two-month break from her duties. The following year, she and her husband of 26 years divorced.

As top Protestant cleric, Kaessmann offered sharp criticism of the war in Afghanistan, where Germany has more than 4,000 troops. She declared in a New Year’s sermon that “nothing is good in Afghanistan.”

Politicians and clergy valued Kaessmann’s ability to combine down-to-earth sensibility with an interpretation of her faith.

“I personally regret her resignation very much, because I have come to know and value her as a reliable advocate for solidarity and a strong personality who combines theological competence with life experience,” said Sigmar Gabriel, the leader of the opposition Social Democrats.

Copyright 2010, The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

K&B,llc