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Department of Driver Services
ASL Hearing Unit
P.O. Box 80447
Conyers, GA 30013
Licensee:
Address:
DOB:
License No:
S.S. No:
Dear DDS:
The above-referenced Licensee hereby requests a hearing for the administrative license suspension notice.
Licensee will testify at the hearing and reserves the right to call additional witnesses, who are unknown at this time, to testify at the hearing.
At the requested hearing Licensee will contend that:
| 1. |
The arresting officer lacked an acticulable suspicion sufficient to authorize a stop of Licensee’s vehicle;
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| 2. |
The arresting officer lacked probable cause to arrest Licensee for DUI;
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| 3. |
Licensee was not involved in a motor vehicle accident or collision resulting in serious injury or fatality such that the arresting officer had legal grounds to demand a test from Licensee;
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| 4. |
The arresting officer did not properly inform Licensee of Licensee’s implied consent rights;
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| 5. |
The arresting officer did not inform the Licensee of Licensee’s implied consent rights at the time of arrest;
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| 6. |
Licensee’s request for an independent test was not reasonably accommodated;
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| 7. |
The breath testing machine Licensee was tested on was not adequately maintained, inspected and tested and was not operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order;
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| 8. |
Licensee did not refuse to submit to the state administered test;
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| 9. |
The breath testing machine Licencee was tested on was not started from “off” position and then turned “on” before Licensee, for purposes of having the machine go through its self diagnostics review, thereby rendering any test results unreliable and invalid;
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| 10. |
The arresting officer and testing officer failed to keep Licensee under observation for 20 minutes immediately prior to the test, thus rendering any results unreliable and invalid;
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No photocopy of the Intoxilyzer 5000 operator’s permit will be introduced into evidence at the hearing;
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No original tape of the Intoxilyzer 5000 results will be properly introduced into evidence at the hearing;
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The DSS form 1205 was not properly filled out and signed in all required places by the arresting officer;
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The DDS form used was not a properly sworn document, as required by law, and was not contemporaneously notarized; and
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| 15. |
The DSS Form 1205 was not sent to DSS within limits set by law and the DDS.
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Law Office of Vic Wiegand, Esquire
DUI & Criminal Defense Lawyer 770-886-4646
Serving All of North Georgia including Cumming, Dawsonville, Alpharetta, Canton, Gainesville, Roswell and surrounding area.
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