Bills make texting while driving illegal in Georgia

State Representative Allen Peake, a Republican from Bibb County, wants two points added to your license if you're found guilty of writing, sending or reading a text while driving. Peake admits someone saw him text while driving. That person tracked him down and chastised him. Peake says he felt so guilty that he drafted legislation.

PEAKE: "I can remember having the though of while I've just gone 3 or 4 miles while I sent that text message, I had no idea what was going on around me. I had no idea."

Under Peake's bill, fines would range from 50 to 100 dollars. That's not good enough for Amos Amerson. The Republican from Dahlonega says the maximum fine under his texting while driving bill is 300 dollars. Amerson was inspired by his old teaching friend. That person's grandson died in a serious car accident while driving to Athens this past Christmas holiday.

AMERSON: "He had made six texting messages from the time he left North Georgia to the time he got to Athens. And they concluded he was in the process of texting at the time of his death."

Amerson and Peake say the differences in their bills will be ironed out in committee. That's also where other issues could arise according to law enforcement
officials.

They say the legislature will have to determine how the law will be enforced. Officials wonder if lawmakers would place "texting while driving" under the primary or secondary enforcement category.

If made primary, an officer could pull you over if he or she saw you texting while driving. If made secondary, an officer could pull you over for a traffic violation, for example. If that officer finds evidence that you were also texting while driving, the officer could also write you a ticket for that offense.
Law enforcement official hope texting while driving will fall under primary enforcement in Georgia.

If it doesn't, some officers and lawmakers hope a law would at least scare drivers from texting behind the wheel.

PEAKE: "What I'm hoping is that this will be a deterrent to all of Georgia's citizens to put that cell phone. Don't text. Let's make sure we're safe while we're driving."

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Legislators to consider outlawing texting while driving

Members of the Georgia Legislature may consider making it illegal for people to send or read text messages on a cell phone while they are driving.

State Rep. Amos Anderson (R-Dahlonega) has filed a bill that would strengthen Georgia’s laws, which require drivers not to engage in any actions that would distract them from driving.

It would specifically address “talking, sending, reading or listening on a wireless telecommunications device” while driving, according to the text of House Bill 945.

According to The Dahlonega Nugget, Amerson’s bill is inspired by the grandmother of a teenager who died in a car accident believed to have been caused because he was using his cell phone.

Caleb Sorohan, an 18-year-old college student from Rutledge, Ga., was home for the Christmas holidays when his 2004 Saturn crossed the center line of a road and collided with a 2008 Toyota Sequoia, apparently without ever hitting the brakes. His cell phone was found in his lap.

Caleb had sent and received a total of six messages in the seven minutes leading up to the collision, the Dahlonega newspaper quoted a state trooper as saying.

If the bill were made a law, it would not apply to the usage of people making a call related to certain emergency situations or the usage of a cell phone by police and firefighters as part of their official duties.

The bill was just introduced on Jan. 14 and must go through several reviews and votes before it could go to a vote by the full House.

State Rep. Allen Peake (R-Macon) has filed a similar bill, HB 938.

A bill that would have banned text messaging while driving was passed by the House last year but rejected by the Georgia Senate. Currently, 18 states plus the District of Columbia already have laws banning texting while driving.


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Man killed as SUV crashes into home

“What’s a safer place than sitting in a living room with your family?”That’s what Jeremy Bryant wondered Sunday.

His 60-year-old uncle, George Michael Bryant, was watching a movie with his wife, daughter and two grandchildren Saturday night when a Lincoln Navigator slammed into their Douglasville house.

Bryant, a retired Vietnam War veteran, was killed.

His wife, Joyce is expected to be released Monday from Atlanta Medical Center, and his 9-year-old granddaughter, Aylisha Walters, is recovering at Children’s Healthcare of Atlanta at Scottish Rite, Jeremy Bryant said Sunday night.

Walters was upgraded to fair condition Sunday, a hospital spokeswoman said.

Police identified the driver as William Steward, 47, of Douglas County. He was taken to Grady Hospital; his condition was not being released.

“I’m hoping he’s going to get what he deserves,” Jeremy Bryant said.

Traveling at a high rate of speed, the Navigator knocked down mailboxes and bushes and hit a parked vehicle before barreling into the left side of the one-story home about 50 feet off Berea Road, authorities said.

“I’ve been a coroner for 27 years, and I’ve never seen nothing like this,” Douglas County coroner Randy Daniel said. “Never. Never.”

“We have no idea why this happened,” added Douglas County spokesman Wes Tallon, who said the SUV traveled nearly to the back wall of the home.

Bryant’s daughter, Shannon Bryant, and a 13-year-old grandson were treated at a hospital and released.

Bryant’s son, Michael, was the only one not home. He was having a cookout with friends to celebrate his birthday, Jeremy Bryant said.

The Navigator pinned Joyce Bryant, according to her brother-in-law.

“She said she heard a boom, the lights went out and she was up under the car,” Lamar Bryant said. “She could feel the heat of the engine when she was laying up under there...I guess my brother took the full blow of it.”

Neighbor Mark Miller said people often drive way too fast down the street, even though the speed limit is 35 mph.

“People just fly down this road,” Miller said. “There’s a curve right before you get to the corner. They’ll come around the curve and lose control.”

Miller wasn’t home when the incident happened around 8 p.m., but he returned to find vehicle parts scattered on his driveway. The bush that previously grew next to his mailbox was gone.

“My neighbor’s mailbox is two houses down,” he said.

There’s a gaping hole where the front wall of the Bryants’ home once stood.

“It looks like a bus hit it,” Miller said.

The Douglas County fire department put a tarp over the house Sunday afternoon, and Jeremy Bryant said relatives were paying for a hotel for the family.

The State Patrol’s Specialized Collision Reconstruction Team responded to the scene, as it does for any fatal accident that could lead to a criminal prosecution.

Lt. Paul Cosper said Steward’s blood will be tested for alcohol. Investigators will diagram the accident “and figure out formulas for speed and come up with an extensive report.”

Steward could face a charge of vehicular homicide, Cosper said.

“They’ll collect all the evidence and then make the appropriate charge,” he said.

Bryant was a combat veteran of the Vietnam War, but didn’t talk about it much, his nephew said. Bryant’s health “wasn’t the greatest” and he was on disability.

Bryant loved to hunt and fish and ride a motorcycle, his nephew said.

“And he was just a good family guy,” Jeremy Bryant said. “That’s mostly what he did, just be around his family and his grandkids.”

An autopsy will be done on Monday of Bryant’s body, and the family will be able to make funeral arrangements once his body is returned.


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Wrong way NY DUI prompts long reach to Georgia for law to protect kids

New York Governor David Patterson may be looking at a Georgia law to guide him in protecting children who are injured or killed when riding with an adult who is legally intoxicated. According to the Georgia Senate Press Office, Sen. Gail Buckner (D-Morrow) has "offered" her 1992 legislation to Patterson, as a model for a new New York State law he is crafting to stiffen penalties against impaired drivers who transport children.Buckner, in announcing her intention to share her legislation with New York's governor, told her staff Wednesday, "An adult who drives while intoxicated should be stopped under any circumstances, but certainly when children are involved.”
Patterson is taking a closer look at his state's DWI laws, following the tragic death of four children who were riding the wrong way on a New York highway last month. Toxicology reports indicated that the driver, 36-year-old Diane Schuler, had a blood-alcohol content of 0.19. The tests also allegedly showed that she had taken marijuana into her system some time within the last hour before the crash, the New York Times reported.
The new law, called the Child Passenger Protection Act, would make it a felony for anyone caught with a DWI and a child under 17 years old in the car. It is currently a misdemeanor in the Empire State if an impaired driver is transporting children.

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Family seeks answers after N. Ga. pastor killed in drug sting

Family and friends of a Lavonia minister gunned down Tuesday by an undercover police officer continue to look for answers about how he died.
Stephens County Sheriff Randy Shirley said Jonathan Ayers, 29, was not the target of their sting operation and that authorities were looking for a woman they say Ayers dropped off minutes before the shooting. That woman, whose name has not been released, had been charged with cocaine possession and distribution, he said.

Ayers’ family maintains he was not involved in illegal drug activity.

“He is one of the Godliest men I’ve ever known,” his brother-in-law Matt Carpenter told AccessNorthGa.com. “We’re all shocked and absolutely do not believe he was involved in anything illicit or illegal there.”

Carpenter also told AccessNorthGa.com that the family was first informed Ayers died in a traffic accident, and then that he had been shot. Hours later, they learned he died in an officer-involved shooting.

Shirley said Wednesday that Ayers dropped off the sting suspect in downtown Toccoa around 2:30 p.m. and that two agents from the joint task force -- composed of officers from Stephens, Habersham and Rabun counties -- followed the pastor and attempted to question him.

WNEG-TV has surveillance video showing Ayers casually entering a Shell convenience store in Toccoa around 2:30 p.m.

According to that video, a black SUV carrying undercover officers pulls into the parking lot after Ayers left the store.

The pastor tried to avoid them, Shirley said Wednesday, striking one of the agents after putting his car in reverse.

“They yelled, ‘Police. Stop,’” Shirley said.

Witnesses to the incident also said the officers identified themselves, said Georgia Bureau of Investigation spokesman John Bankhead.

Shirley said Wednesday that Ayers maneuvered his car towards another agent in a “threatening manner.” However, that is unclear from the video.

Shirley first said that one shot was fired by one of the three agents on the scene, striking the pastor in the upper torso. WNEG-TV reports that Shirley said the agent fired two shots into the car.

Ayers drove off before losing control of the vehicle a block away, striking a telephone pole, Shirley said.

Ayers was pastor of Shoal Creek Baptist Church in Lavonia. On his blog, he wrote, “I have three loves in my life: Jesus Christ, my wife Abby, and the Church.”

The couple was expecting their first child.

Shirley would not reveal the identity of the woman arrested in the sting. The agent struck by the pastor’s vehicle was treated and released from a local hospital, Shirley said.

“Jonathan would have wanted to witness to the police officers involved in the shooting,” his family said in a statement.

The GBI is investigating the shooting. The task force agents involved have been placed on administrative leave with pay, Shirley said.


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No easy fix for those dealing with Georgia pet overpopulation

Litter by litter, more than 300 puppies and kittens streamed into Madison Oglethorpe Animal Shelter this summer. It should have been cute, but it was heartbreaking and frustrating for shelter Director Susan Fornash.
The shelter provides low-cost spaying and neutering, but too many people don't take advantage of the service - even when they've seen the consequences, Fornash said.
"Unfortunately, I don't think they even think about it," she said. "They bring us their puppies, and they bring us their kittens, but they don't bring us mama to get her fixed."
The shelter has offered low-cost spaying and neutering for more than five years.
Visiting veterinarians have performed 2,500 sterilizations since January, and the shelter's board and Fornash plan to expand the service as soon as they can raise the money for a second operating table.
However, this year's 2,500 surgeries barely will make a dent in Madison and Oglethorpe counties' overpopulation problem.
The shelter, which is built to hold 130 dogs at a time, took in almost 600 in June and July alone. The shelter took in 3,000 pets in 2008.
"All you have to do is look at the numbers of animals we have surrendered to us; it's obvious that people aren't spaying and neutering like they should," Fornash said.
Pet owners in Georgia have more access to affordable spaying and neutering than they used to, but many still don't want to fix their pets or just don't care, said Susan Thompson, a co-founder of Pet Mechanics - a low-cost spay and neuter nonprofit that serves Elbert, Jackson, Stephens and Whitfield counties.
Thompson and veterinarian Amber Polvere launched a mobile spaying and neutering clinic in 2005, bringing low-cost sterilization to every corner of rural Northeast Georgia in a customized RV. Over the past five years, similar programs have started up, and they have moved their program into four stationary clinics, Thompson said.
People must begin to understand how many dogs are euthanized because of overpopulation, and that while their dog is cute, it will be hard to find homes for all of its puppies, Thompson said.
"I think we're definitely at the stage where we just need to stress education," she said. "They just have no idea how many animals have to be euthanized."
Other areas of the country, where altering pets is an almost compulsory part of ownership, don't have nearly the overpopulation problem Georgia does or the euthanasia rates, she said.
Adoptable pets are in demand in Northeastern states because people spay and neuter. Local animal advocacy groups routinely transport dozens of Georgia shelter dogs to foster homes in New York, Connecticut and New Jersey.
MOMS Rescue, of out New Jersey, last week led a "Georgia Puppy Caravan," loading dozens of Atlanta-area shelter dogs in danger of being put to sleep into almost 100 vans and taking them up North, according to www.georgiapuppycaravan.org.
"We can send 25 dogs," Thompson said. "They can get there on Friday, and half of them can be adopted out on Saturday. And it's just random puppies. It's not like we're sending them purebreds or anything."
Adopting a stray from Georgia has almost become a status symbol for Northeastern animal advocates, Thompson said.
"We don't advertise that the dogs are from Georgia," said Marguerite Pearson, spokeswoman for the Animal Protective Foundation outside of Schenectady, N.Y. "But when we do tell them where the dog came from, they think it's pretty cool. ... It's almost like by adopting this Georgia shelter dog who could have otherwise been euthanized, they're doing something extra to help."
Georgia has a reputation for pet overpopulation and euthanasia, said Michelle Humphries, executive director of the Georgia Humane Society.
A lot of people have the attitude that a dog's life isn't worth much, she said. That's not going to change quickly. Stricter spay and neuter laws may be the only way to get people to make the effort to have their dogs neutered.
The only state law requiring spaying or neutering applies to strays adopted through shelters or rescue groups, she said.
Some states, counties and cities charge pet owners hefty fees if they do not have their dogs and cats fixed, Thomas said.
"I compare it to seat belts," Humphries said. "Drivers knew that seat belts could keep them from being killed in car accident. They knew they could keep them from being maimed in a car accident. But no one wore their seat belt until there was a law that said they had to."
Fornash agrees that education alone may not change attitudes, but knows that mandatory spaying and neutering would be unpopular and almost impossible to enforce in Madison and Oglethorpe counties, she said.
"They can't afford to have basic animal control, and if they can't afford to have animal control, how can they afford to enforce something like that?" she said.


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No Car Insurance= Serious Consequences

Today's tough economic climate has people looking for ways to cut their budgets but car insurance shouldn't be on that list.
Jennerette resident Georgia Taylor says "people without insurance are very, very dangerous," and Louisiana state police say they agree.
They're making sure everyone knows the law.  You must at least have minimum liability insurance on your vehicle.
The purpose of the state trooper's safety check points is to make sure people have insurance. Troopers say its best if people keep their vehicle registration and insurance readily available and those who don't could face serious consequences.
"Your licenses plate could be take off that vehicle and turned into the department of motor vehicles or your vehicle could be towed away and you being issued a citation for that," Said Senior Trooper David Anderson.
If you get into an accident with someone uninsured you could end up paying to fix your own repairs and medical bills. However, insurance companies say there is a way to protect yourself.
Allstate Spokesperson Allison Hatcher said, "at a time like this you may want to consider asking about uninsured motorist protection. It can help protect you and pay for those expenses that you're legally entitled to recover."


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