temporarily restrain and permanently enjoin
Atlanta, GA (PRWEB) June 14, 2010
Robert W. Chestney, founding partner of the Atlanta-based Chestney Law Firm, has filed a lawsuit on behalf of 17 plaintiffs who are seeking to put a halt to a routine practice in which the Georgia Department of Driver Services (DDS) suspends a citizen's driver's license even when law enforcement officers fail to submit a sworn report to DDS regarding the alleged violation that was involved.
Attorneys from the Chestney Law Firm represent clients accused of DUI and related traffic offenses.
In the case, Brigida, Porter, Schorr, et al v. Dozier (Docket No. 2010CV186818), the plaintiffs seek to "temporarily restrain and permanently enjoin" DDS from suspending their driver's licenses because the arresting officers in their cases "failed to submit to DDS a sworn report as required by the statute authorizing such a suspension."
The statute involved in the dispute is the Implied Consent Law, specifically a section found in OCGA 40-5-67.1. According to the statute, if an officer arrests someone for suspicion of DUI and the suspect refuses to submit to a chemical sobriety test, the officer is required to report the refusal to the DDS and - upon receipt of a sworn report - the department is authorized to suspend the suspect's driver's license.
"For the past decade, DDS has routinely ignored the mandatory statutory requirements relating to the administrative suspension of driver's licenses in Georgia and, as a result, the rights of drivers suspected of DUI have been repeatedly violated," said Chestney. "We decided that it's time for someone to take a stand against this practice and put an end to it once and for all."
According to Chestney, his firm is collaborating on the lawsuit with Georgia civil litigation attorney Aubrey T. Villines, Jr. and fellow DUI defense attorney Charles Magarahan. They are now in the process of seeking class certification for their clients who have filed similar complaints against DDS.
Each client at Chestney Law Firm is represented by an entire team of skilled defense lawyers. Chestney's firm works exclusively in the areas of DUI defense and related serious traffic offenses, such as vehicular homicide. Although one lawyer is designated as the lead counsel, all the lawyers at the firm collaborate on the trial strategy for the case. The attorneys at Chestney Law Firm are specially trained and educated in the unique aspects of DUI defense.
For more information, please go to http://www.dui-lawyer.com or call 404.816.8777.