-Caveat Lector-
Begin forwarded message:
Lawmaker jailed, ends case on 2 DUIs
By NANCY BADERTSCHER , DON PLUMMER
The Atlanta Journal-Constitution
Published on: 11/16/05
State Rep. David Graves swapped his trademark pinstriped suit for a
blue
jailhouse jumpsuit Tuesday after closing the case on his two DUIs
in Cobb County.
Graves (R-Macon) gained national attention this fall when he tried
to invoke
a centuries-old provision granting legislators limited immunity
from arrest to
avoid prosecution on a DUI last February. He later abandoned that
defense,
and, on Tuesday, stopped fighting the charges.
Graves, 47, a nine-year legislative veteran and one-time House
committee
chairman, pleaded guilty to the second DUI Tuesday, after a judge
found him guilty
earlier this month of a previous drunken driving charge he received
in 2004.
Graves was then sentenced by Cobb State Court Judge Irma Glover to
serve 10
days in the county jail, followed by 20 days of home confinement
and 12 months
on probation. He also was ordered to pay a $1,600 fine, perform 280
hours of
community service and surrender his driver's license for 12 months,
Cobb County
Solicitor Barry Morgan said.
Morgan said Graves' sentence closely follows state law.
"He didn't get any special treatment," Morgan said.
The law requires first-time offenders to spend at least 10 days in
jail, but
gives judges the authority to cut, waive or suspend all but 24
hours. It also
gives judges the authority to mandate 90 days to 12 months in
prison on a
second offense, but with discretion to suspend all but 72 hours of
incarceration.
Graves went from court to the Cobb County Jail to begin serving his
10 days.
"He's worn out," said Graves' attorney, William C. "Bubba" Head.
"What he's
already been through from a publicity standpoint is far worse than
anything
he'll deal with with the judicial system. The most notorious and
celebrated DUI
case in Georgia history is now over."
Michelle Hitt, spokeswoman for House Speaker Glenn Richardson (R-
Hiram), said
Graves "has taken personal responsibility for his actions. This is
a personal
situation between David, his family and the courts."
Graves was arrested in March 2004, while the General Assembly was
in session
in Atlanta. Authorities said he ran a red light and registered .13
on a
blood-alcohol test, well over the .08 limit to be considered DUI in
Georgia.
He was arrested again Feb. 15 at a DUI roadblock near Vinings. He
refused a
blood-alcohol test, but was ticketed based on a field sobriety test
and a
police officer's assessment that he had a strong odor of alcohol
and slurred speech.
Graves said he had just left a dinner meeting with other
legislators and
should be allowed to claim immunity from arrest because the General
Assembly was
in session.
Georgia has had the immunity provision in its constitution since
1789, but
legal experts said they believed Graves might have been the first
legislator to
use it in a criminal case. Many states enacted such laws at the
time to keep
legislators from being arrested by powerful political rivals.
Glover rejected Graves' argument and GOP leaders distanced
themselves from
his strategy, saying legislators should not consider themselves
above the law.
Graves, who had been advised by his attorney's advice to take the
immunity
argument to the state Supreme Court, withdrew that appeal.
Graves stepped down as chairman of the House Regulated Industries
Committee,
which has oversight over legislation governing the liquor industry.
In addition, Graves, a pharmacist, faces possible disciplinary
action by the
Georgia State Pharmacy Board. The board had been waiting for his
criminal
cases to conclude and could suspend or revoke his license, said
Kara Sinkule, a
spokeswoman for the secretary of state's office, which has
oversight over
licensing.
Meanwhile, state Rep. Rob Teilhet (D-Smyrna) pre-filed legislation
Tuesday
calling for a constitutional amendment to do away with the
legislative immunity
provision.
-------------------------------1132193795
Content-Type: text/html; charset="US-ASCII"
Content-Transfer-Encoding: quoted-printable
<HTML><HEAD>
<META charset=3DUS-ASCII http-equiv=3DContent-Type content=3D"text/
html; cha=
rset=3DUS-ASCII">
<META content=3D"MSHTML 6.00.2800.1106" name=3DGENERATOR></HEAD>
<BODY style=3D"FONT-SIZE: 10pt; FONT-FAMILY: Arial; BACKGROUND-
COLOR: #fffff=
f"><SPAN class=3Dheadline><FONT size=3D5>Lawmaker jailed, ends case
on 2 DUI=
s</FONT> </SPAN><BR><BR><SPAN class=3Dbyline>By <A
href=3D"mailto:nbadertsch=
[EMAIL PROTECTED]">NANCY BADERTSCHER </A>, <A
href=3D"mailto:[EMAIL PROTECTED]">DON=20=
PLUMMER</A></SPAN><BR><SPAN class=3Dsource>The Atlanta Journal-
Constitution<=
/SPAN><BR><SPAN class=3Ddate>Published on: 11/16/05</SPAN> <SPAN
class=3Dbod=
y>
<P>State Rep. David Graves swapped his trademark pinstriped suit
for a blue=20=
jailhouse jumpsuit Tuesday after closing the case on his two DUIs
in Cobb Co=
unty.</P>
<P>Graves (R-Macon) gained national attention this fall when he
tried to inv=
oke a centuries-old provision granting legislators limited immunity
from arr=
est to avoid prosecution on a DUI last February. He later abandoned
that def=
ense, and, on Tuesday, stopped fighting the charges.</P><!--
endtext--><!--en=
dclickprintinclude--><!--startclickprintinclude--><!--begintext-->
<P>Graves, 47, a nine-year legislative veteran and one-time House
committee=20=
chairman, pleaded guilty to the second DUI Tuesday, after a judge
found him=20=
guilty earlier this month of a previous drunken driving charge he
received i=
n 2004.</P>
<P>Graves was then sentenced by Cobb State Court Judge Irma Glover
to serve=20=
10 days in the county jail, followed by 20 days of home confinement
and 12 m=
onths on probation. He also was ordered to pay a $1,600 fine,
perform 280 ho=
urs of community service and surrender his driver's license for 12
months, C=
obb County Solicitor Barry Morgan said.</P>
<P>Morgan said Graves' sentence closely follows state law.</P>
<P>"He didn't get any special treatment," Morgan said.</P>
<P>The law requires first-time offenders to spend at least 10 days
in jail,=20=
but gives judges the authority to cut, waive or suspend all but 24
hours. It=
also gives judges the authority to mandate 90 days to 12 months in
prison o=
n a second offense, but with discretion to suspend all but 72 hours
of incar=
ceration.</P>
<P>Graves went from court to the Cobb County Jail to begin serving
his 10 da=
ys.</P>
<P>"He's worn out," said Graves' attorney, William C. "Bubba" Head.
"What he=
's already been through from a publicity standpoint is far worse
than anythi=
ng he'll deal with with the judicial system. The most notorious and
celebrat=
ed DUI case in Georgia history is now over."</P>
<P>Michelle Hitt, spokeswoman for House Speaker Glenn Richardson (R-
Hiram),=20=
said Graves "has taken personal responsibility for his actions.
This is a pe=
rsonal situation between David, his family and the courts."</P>
<P>Graves was arrested in March 2004, while the General Assembly
was in sess=
ion in Atlanta. Authorities said he ran a red light and registered .
13 on a=20=
blood-alcohol test, well over the .08 limit to be considered DUI in
Georgia.=
</P>
<P>He was arrested again Feb. 15 at a DUI roadblock near Vinings.
He refused=
a blood-alcohol test, but was ticketed based on a field sobriety
test and a=
police officer's assessment that he had a strong odor of alcohol
and slurre=
d speech.</P>
<P>Graves said he had just left a dinner meeting with other
legislators and=20=
should be allowed to claim immunity from arrest because the General
Assembly=
was in session.</P>
<P>Georgia has had the immunity provision in its constitution since
1789, bu=
t legal experts said they believed Graves might have been the first
legislat=
or to use it in a criminal case. Many states enacted such laws at
the time t=
o keep legislators from being arrested by powerful political
rivals.</P>
<P>Glover rejected Graves' argument and GOP leaders distanced
themselves fro=
m his strategy, saying legislators should not consider themselves
above the=20=
law. Graves, who had been advised by his attorney's advice to take
the immun=
ity argument to the state Supreme Court, withdrew that appeal.</P>
<P>Graves stepped down as chairman of the House Regulated
Industries Committ=
ee, which has oversight over legislation governing the liquor
industry.</P>
<P>In addition, Graves, a pharmacist, faces possible disciplinary
action by=20=
the Georgia State Pharmacy Board. The board had been waiting for
his crimina=
l cases to conclude and could suspend or revoke his license, said
Kara Sinku=
le, a spokeswoman for the secretary of state's office, which has
oversight o=
ver licensing.</P>
<P>Meanwhile, state Rep. Rob Teilhet (D-Smyrna) pre-filed
legislation Tuesda=
y calling for a constitutional amendment to do away with the
legislative imm=
unity provision.</P></SPAN></BODY></HTML>
-------------------------------1132193795--
www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substanceânot soap-boxingâplease! These are
sordid matters and 'conspiracy theory'âwith its many half-truths, mis-
directions and outright fraudsâis used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
http://www.mail-archive.com/[email protected]/
<A HREF="http://www.mail-archive.com/[email protected]/";>ctrl</A>
========================================================================
To subscribe to Conspiracy Theory Research List[CTRL] send email:
SUBSCRIBE CTRL [to:] [EMAIL PROTECTED]
To UNsubscribe to Conspiracy Theory Research List[CTRL] send email:
SIGNOFF CTRL [to:] [EMAIL PROTECTED]
Om
