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Implied Consent Notice Invalidated

Topic: DUI, Decided by Judge Brown 
Docket Number: 2114653 , Decision Date: 2021-03-24 
Attachment: Click here to download the decision. 

Officer’s statements that decision whether to submit to chemical test “made no difference” and that refusal to take the test “would not make things worse” or “change anything” invalidated implied consent notice.

Emergency Closure of Family Child Care Learning Home

Topic: Early Care & Learning, Decided by Judge Brown 
Docket Number: 2105442 , Decision Date: 2020-10-02 
Attachment: Click here to download the decision. 

Center subject to emergency closure after DECAL discovered that thirty-two children were in its care at one time, when the Center was only authorized to care for six to eight children.

Maximum civil penalty not authorized

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1834337 , Decision Date: 2018-08-28 
Attachment: Click here to download the decision. 

DCH was not authorized to impose the maximum civil penalty against a personal care home where it did not show that the deficiencies placed hospice patient at risk of harm, discomfort, or death.

Exception for pickups and deliveries on county-maintained roads.

Topic: Overweight Trucks, Decided by Judge Brown 
Docket Number: 1736154 , Decision Date: 2017-07-24 
Attachment: Click here to download the decision. 

The owner of a timber hauling company who caused an overweight vehicle and load to be operated on a county-maintained road was not subject to a fine because the vehicle was picking up a load of timber, which the owner had earlier left alongside the [..] Read More..

Texas income deduction order did not preclude Georgia’s interception of obligor’s tax refund.

Topic: Child Support, Decided by Judge Brown 
Docket Number: 1736506 , Decision Date: 2017-08-24 
Attachment: Click here to download the decision. 

The Department of Human Services, Division of Child Support Services (CSS), was authorized to intercept a child support obligor’s tax refund, notwithstanding the existence of an income deduction order in Texas, where the obligor resided, because the Texas order solely intercepted the obligor’s Social Security [..] Read More..

Durable power of attorney for healthcare is not equivalent to advance directive

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1707847 , Decision Date: 2016-12-13 
Attachment: Click here to download the decision. 

Staff members of a personal care home (PCH) did not perform CPR on a resident upon discovering him unconscious.  The owner of the PCH argued that its staff members were not obligated to perform CPR because the resident had a durable power of attorney for [..] Read More..

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