Rockdale DUI Cases Hit Paperwork Snag

Updated: Wednesday, 07 Jul 2010, 11:50 PM EDT
Published : Wednesday, 07 Jul 2010, 10:36 PM EDT

By: GEORGE FRANCO/myfoxatlanta

ROCKDALE COUNTY, Ga. - Hundreds of DUI cases in Georgia could be in jeopardy. On Wednesday, a Rockdale County judge imposed a temporary restraining order in more than dozen DUI cases, because of problems with paperwork.

When a person is pulled for DUI in Georgia, they have the right to refuse a breathalyzer test. When that happens, a 1205 form is issued which is a sworn report of the facts in the case. The form is then sent to the Georgia Department of Driver's Services for license suspension.

Attorneys representing 15 people said the arresting officer failed to swear off in the proper manner.

The attorneys said in many cases, the 1205 forms were improperly notarized when the arresting officer wasn't present.

A Rockdale County superior court judge imposed a temporary restraining order in the cases.

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