January 9, 2009
I had my daughter drive me to Cartersville, Georgia for the ALS hearing. Mr. Passenger was already there. Trooper #1 arrived a short time later. Trooper #1 testified basically to that which was written in his police report, adding that he’d followed the vehicle for a minute or two and that I’d handed him my license out to the side. I did not address the trooper at all. When it was my turn, I stood on Bell vs. Burson 1972, decided by the United States Supreme Court, dealing directly with the Georgia Public Safety denying the Fourteenth amendment and due process guaranteed before taking anyone’s drivers license away. I explained to the judge that I’d not received a single piece of paper other than a list of my personal property and that I felt that I stood before the court in double jeopardy because the trooper had already tried and convicted my on the side of the road that night. The judge argued that the trooper said that he gave me my temporary driving permit and citations and that this was my due process. Trooper #1 spoke up and said that he’d left the paperwork at the jail to be given to me upon my release. I reiterated that the only paperwork that I was afforded was a list of my personal property therefore I motioned that the case be dismissed. The judge denied my motion and said that I would receive her decision by mail in the next few days.