Justin Ross Harris has been indicted in Cobb County on 8 counts after he left his son in the car on a hot Atlanta day. Watch what legal expert, Ray Giudice, thinks about the indictment, prosecution team, and the trial ahead.
Prosecutors may face an uphill battle with arrests made as a result of a “roadblock” or police checkpoint”, but only if the defense properly raises and thoroughly presents the right challenge. In order for an arrest made from a roadblock stop to stand up to a challenge in court, the prosecutor must be able to show that the police department that initiated the stop had a roadblock program with an appropriate primary purpose, other than ordinary crime control; subjecting the departmental program to scrutiny, not just the roadblock in question. In addition, the prosecutor must show that the roadblock was properly authorized, planned and staffed. The decision to implement the roadblock must be made by supervisory personnel rather than the officers in the field; all vehicles must be stopped as opposed to random vehicle stops; the delay to motorists can only be minimal; the roadblock operations must be identified as a police checkpoint; and the “screening” officer’s training and experience must be sufficient to qualify him or her to make an initial determination as to which motorists should be given field tests for DUI.
D.U.I by DOPE? Oh yes. Under Georgia’s DUI law, if you are “impaired” by alcohol, illegal drugs, legal prescriptions, or any combination of the three, to a degree where you are a “less safe driver”, you can be convicted of DUI. Marijuana cases are somewhat harder for Law Enforcement to prove, as the physical manifestations of marijuana, or prescription drugs, are harder for most Cops to detect. But “THC’, the chemical component in marijuana, can stay in the bloodstream for up to 30 days, and a “Chronic” daily smoker can build up a very high level of THC in his blood stream. As Pittsburgh Steeler running back La’veon Bell, stopped by the police just hours before a game, will soon find out, getting high 2 hours before a traffic stop can lead to criminal charges of DUI, and possibly misdemeanor possession of Marijuana.
Should the NFL’s team owners be subject to the same process and punishment by the league and Commissioner Godell that their players face?
On March 16, Indianapolis Colts owner Jim Irsay was arrested for DWI and 4 counts of possession of controlled substances. His high priced legal team will do everything they can to challenge the Officer’s “probable cause” for the stop of Irsay’s vehicle, the “field sobriety tests” that the Officers claim Irsay failed, as well as the testing of Irsay’s blood or breath. This can drag on for months, and in meantime, what does the NFL Commissioner’s Office do?
The Commissioner’s Office routinely hands down large fines and multiple game suspensions to the players, often long before the charges against the players have made their way through the legal system. Yet here the League is silent, while one of owners of the multi-billion dollar business that is the NFL drags out the legal process. Why don’t the other NFL owners call out Irsay, and demand that he lead by example by stepping up and accepting responsibility for his actions?