Lisa Boggs

11-minute delay in reading implied consent notice not unreasonable, based on circumstances  

DUI

In this driver’s license suspension case, the driver argued the arresting officer had unreasonably delayed reading him the implied consent notice after his arrest for DUI.  The Court rejected this argument, finding that the 11-minute lapse between the arrest and the reading of the notice was not unreasonable because the officer used this time to […]

11-minute delay in reading implied consent notice not unreasonable, based on circumstances   Read More

Involuntary discharge affirmed for patient who intentionally rammed wheelchair, broke door  

Bill of Rights

The Court affirmed a long-term-care facility’s decision to involuntarily discharge a patient after he rammed his wheelchair into one of the facility’s doors in an aggressive manner.  The Court considered the fact that the patient had admitted himself to the facility on his own accord; that he rammed his wheelchair into the door because he

Involuntary discharge affirmed for patient who intentionally rammed wheelchair, broke door   Read More

Weight slip missing calibration certification not sufficient to rebut evidence of overweight truck  

Overweight Trucks

In affirming the issuance of a citation to a trucking company, the Court determined that the company failed to provide sufficient evidence to rebut the Department of Public Safety’s showing that the tractor-trailer in question had been overweight.  Specifically, the Court concluded that the company’s submission of a RaceTrac weight slip was missing a seal

Weight slip missing calibration certification not sufficient to rebut evidence of overweight truck   Read More

Massage therapist reprimanded and fined after undercover operation revealed violations  

Professional Licensing

This case involved a disciplinary action brought by the state licensing board against a massage therapist.  An undercover investigation by local law enforcement identified someone employed by the massage therapist who was unlicensed and who offered sexual services in exchange for compensation.  The massage therapist conceded she knew the employee was unlicensed but denied knowledge

Massage therapist reprimanded and fined after undercover operation revealed violations   Read More

Educator should not be denied Georgia certificate based solely on surrendering certificate in another state  

Educators

The Court ruled that an educator who had surrendered his teaching certificate in New York State should still be eligible for a teacher certification in Georgia.  The Court based its ruling on the fact that the New York disciplinary proceedings did not allege any misconduct; rather, they were based on a separate disciplinary action that

Educator should not be denied Georgia certificate based solely on surrendering certificate in another state   Read More

Alford plea meets definition of “conviction” for purposes of sanctioning teacher’s certification  

Educators

In affirming the Professional Standard Commission’s decision to sanction an educator’s certification, the Court concluded that the teacher’s 2018 misdemeanor guilty plea under North Carolina v. Alford, 400 U.S. 25 (1970) (which permits a defendant to plead guilty while claiming to be innocent) still meets the definition of “conviction” applicable in the Code of Ethics

Alford plea meets definition of “conviction” for purposes of sanctioning teacher’s certification   Read More

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