license suspension

Published on: August 4, 2023

Compliance-Based Interlock Laws Help Prevent Drunk Driving Auto Accidents

When an individual has been convicted of drunk driving, they often are required to have an ignition interlock device placed on their cars. These devices prevent a person from starting a car until they have passed a breath test for driving. States have passed compliance laws that strictly require individuals who have had an ignition interlock device installed in their vehicle after a DUI offense to comply with these devices. The devices can only be removed once the person has shown to have complied with the devices for a defined period of time. These compliance laws seem to have much higher success than other methods of preventing repeat offenses and reducing the risk of alcohol – related car accidents.

Those findings come from a new study conducted by the Governors Highway Safety Association. The report focused on the effectiveness of compliance- based removal components in ignition interlock device laws. Currently, all states, including Georgia, have some form of ignition interlock device laws which require that they get devices installed in their vehicles that prevent them from operating their vehicle if their system contains more than a certain amount of alcohol. At least 33 states have compliance- based removal laws in place that clearly define conditions that must be met for an exit from the interlock device requirement. Georgia, unfortunately, does not have a compliance- based removal component as part of its ignition interlock device laws.

The Governors Highway Safety Association focused on two states that have compliance – based removal laws and two states that do not have such laws. The study established that states that have compliance -based laws have much lower recidivism rates for drunk driving compared to states that do not have such compliance laws in place. The Governors Highway Safety Association researchers say that there is no way to absolutely confirm that these higher recidivism rates in states that do not have compliance -based removal laws were related to the absence of these laws and that other factors could also play a role. But they also stress that compliance -based removal laws do provide an extra layer of protection that can prevent these auto accidents. The researchers are encouraging states like Georgia to review their ignition interlock laws to identify deficiencies and correct these in order to make these laws more effective.

Published on: December 24, 2021

Stronger Driver’s License and Child Safety Laws Could Further Reduce Accident Fatalities in Georgia

by Robert N. Katz, Esq.

A leading non-profit traffic safety advocacy group says that Georgia could do a much better job of protecting motorists and other people on our roads and preventing accidents by implementing key changes to the existing laws.

According to Advocates for Highway and Auto Safety, a non-profit organization, 1,491 persons were killed in traffic accidents on Georgia roads in 2019. Around 13,525 people were killed in traffic accidents in the state over a decade-long period. Advocates for Highway and Auto Safety in its Roadmap for State Highway Safety Laws report says that the total cost of traffic accidents in Georgia has been more than 10 billion dollars. The 2021 roadmaps report identifies the areas in which Georgia has succeeded in keeping motorists safe, and suggests areas of improvement that could further help reduce accident and fatality rates in the state.

The report is very appreciative of Georgia’s seat belt laws that allow for primary enforcement. Primary enforcement means that a police officer can pull a motorist over and cite him for failure to wear a seatbelt even if he does not notice any other violations. However, the primary enforcement law applies to motorists and front seat passengers only, and not to rear seat passengers. The report recommends that Georgia implement primary enforcement seat belt laws even for back seat passengers. Georgia’s motorcycle helmet laws that apply to all riders as well as the state’s booster seat were commended, however the report recommended mandating children remain in rear facing booster seats until the age of two.

Published on: November 8, 2021

Hundreds of Truck Drivers Cited during Georgia Enforcement Blitz

by Robert N. Katz, Esq.

Commercial delivery trucks have been working overtime to fulfill the large volume of online orders and commercial business. More commercial trucks on the roads usually brings with them more risks of trucking accidents, especially as more drivers take to the roads in the upcoming holiday season. Georgia authorities recently took steps to ensure safe driving practices by commercial truckers to keep everyone on the roads safe.

The SafeDRIVE (Drive Distracted Reckless Impaired Visibility Enforcement) is an initiative by the Federal Motor Carrier Safety Administration, and is carried out on a quarterly basis in collaboration with state and local law enforcement partners. In Georgia, the SafeDRIVE enforcement blitz was carried out between October 5 and 7 this year. As part of the Georgia initiative, the Motor Carrier Compliance Division of the Georgia Department of Public Safety conducted enforcement initiatives along popular trucking routes, including I- 75, I -95 and I- 85. More than 400 citations were issued to truck drivers across Georgia as part of a law enforcement initiative in collaboration with the federal administration in order to keep our highways safe and prevent truck accidents.

It was a three-day campaign, and hundreds of truck drivers and their commercial trucks were pulled over during the campaign. The campaign resulted in extensive monitoring of common truck driver errors, including following too closely, distracted driving and driving under the influence of alcohol. As part of the initiative, truck drivers were also cited for rash and aggressive driving and driving beyond the speed limits. These are common trucking driver mistakes that can increase the risk of the truck being involved in an accident that endangers not just the truck driver, but also occupants of passenger vehicles involved in the accident. In any accident involving a large commercial truck and a passenger vehicle, it is the occupants of the smaller vehicle who may be at a higher risk of suffering injuries, and therefore, it is important for law enforcement to conduct such regular enforcement campaigns to weed out bad drivers and keep the highways safer for all.

Published on: April 14, 2014

FMCSA Proposes Truck Driver Drug and Alcohol Test Database

by Robert N. Katz, Esq.

Commercial truck drivers are held to a much higher standard when it comes to driving under the influence of alcohol and drugs when compared to the average motorist. This makes sense, since the stakes are much higher when it comes to commercial semi-truck drivers. Now the Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA) has proposed the establishment of a database that will contain information about driver drug and alcohol tests with the goal of preventing drivers with a substance abuse problem from slipping through the cracks and finding employment in the industry.

The FMCSA recently proposed the establishment of a Commercial Driver’s License Drug and Alcohol Clearinghouse, which would function as a database containing information about controlled substance and alcohol test results of commercial truck drivers. All commercial driver license holders would be included in the database.

Under the proposal, commercial motor carriers, employers, medical review officers, substance abuse professionals, as well as third-party agencies would be required to report drug and alcohol test results to the database. These persons would also be required to submit information involving alcohol or drug test refusals, negative return-to-duty test results, adulterated and substitute drug test results as well as other kinds of data that relates to driver alcohol and drug use.Additionally, labs that provide commercial motor carriers with drug and alcohol testing services would be required to report information about testing activities and results.