Student Found Asleep at Wheel, Drunk

Athens police say an officer found a drunken 20-year-old University of Georgia student who tried to drive home after a party passed out at a stop sign with the car still running. The officer found the woman about 2 a.m. Sunday asleep with the car still in drive. The officer put the car in park and turned off the engine. When the woman awoke a few minutes later, she told police she'd been drinking at a house party earlier that night. The woman, who was not identified, was charged with a DUI and underage drinking.

(Associated Press)

Rep. Ben Harbin pleads guilty to reckless driving

State Rep. Ben Harbin was ordered to pay a $1,000
fine and perform 100 hours of community service after pleading
guilty to reckless driving.

Harbin, (R-Evans) was initially charged with driving under the
influence - also a misdemeanor - in May 2007. He was pulled over by
Atlanta police, who said the lawmaker slurred his words, had
trouble keeping his balance and smelled of alcohol after his 2003
Nissan Maxima hit a utility pole.

Harbin refused to take a blood-alcohol test at the time. He was
also charged with striking a fixed object and failure to maintain
lane, but those charges were dropped.

Harbin's attorney, Robert Highsmith, said Monday that he must
complete his community service within a year at any nonprofit
organization.

(The Associated Press)

DUI deaths down

Drunken-driving deaths fell by 3 percent on Georgia’s roads in 2007, compared to 2006. The statistic nearly matches a national decline of 4-percent from ’06 to ’07 . 31 states saw DUI fatality-numbers fall. The information comes from a just-released report of the National Highway Traffic Safety Administration. Georgia was also among a group of less than 20 states that had a decrease in motorcycle deaths from DUI. 35 fatalities were recorded in 2007, down from 40.

New state laws debut today

More than 400 new laws take effect in Georgia today.

One is the controversial new gun measure. This allows Georgians with carry permits to bring firearms into restaurants serving alcohol, onto public transportation, and into state parks.

Other laws now on the books include:

- Wine can now be bought from wineries directly over the Internet and by phone. Partially finished bottles of wine can now be taken home from restaurants.

- Sex offenders are now prohibited from volunteering at churches

- Tougher measures on those driving under the influence of drugs and alcohol. Now, a fourth DUI offense in 10 years brings a felony charge. Georgia was one of five states that did not have a law making four DUI offenses a felony.

DUI crackdown in effect

A DUI crackdown is scheduled for the next two weeks. Law enforcement officials are increasing patrols and sobriety check points across the state to catch drunk drivers.

The crackdown is part of the Governor’s office of Highway Safety's Operation Zero Tolerance campaign held in conjunction with Fourth of July—one of the deadliest periods on US roads.

Also in effect July 1^st—the state’s new DUI law where a fourth DUI results in a felony charge.

Rep. Ben Harbin speaks on arrest for DUI

For nearly a year, Rep. Ben Harbin (R-Evans) didn't speak about an arrest for allegedly driving under the influence in Atlanta.

But in a letter to constituents this past weekend, he says he's sorry for the silence.

"As I'm sure you're aware, last year I was involved in an automobile accident, and was subsequently charged with DUI," he said in the letter. "In the days following this event, I had two ways to deal with the situation. The first, which was suggested to me by many close friends and supporters, was to aggressively engage the media by going on radio and television programs to 'make my case' in order to prevent political fallout from the incident."

"The second was to simply allow the legal process to run its course, and to avoid any effort to try and manipulate my case through the media," the letter continued. Harbin also said he considered his family's privacy.

"Well, they say hindsight is 20/20, and unfortunately I made the wrong choice," he says.

There's apparently been little political fallout following Harbin's arrest, but there's still no resolution of the case either, due to several continuances.

Harbin has denied using his position as chairman of the house appropriations committee to postpone his court dates.

His defense attorney, however, says he sought some of those continuances citing a state law exempting legislators from attending court while they tend to state business.

"I deeply regret the events of last May and the embarrassment that this incident has created -- not only for me and my family, but for you, the people of my district," his letter continued. "You are entitled to straight answers from those who represent you, and I apologize if the legal process in this case has created the appearance that I have not been completely forthcoming."

Harbin, however, did not discuss details of the incident, nor did he admit guilt or maintain innocence. His letter also did not discuss any plans for a future court date.

Rep. Harbin's DUI arraignment delayed

The arraignment of a powerful state legislator on a DUI charge from last year has been delayed again, and the fact that he's a lawmaker is the reason.

Representative Ben Harbin (R-Evans) was scheduled for an arraignment in Atlanta Municipal Court this week.

But Robert Highsmith, Jr., Harbin's attorney, says a statute requires courts to continue cases involving legislators -- whether they be defendants or witnesses --if they're needed for legislative business.

The continuance happens as the legislature prepares to go into session next week.

His attorney says it's the fourth or fifth delay since May, when Harbin was arrested on the charge in Atlanta.

Harbin is chair of the House appropriations committee.

For more information about the statute, go to www.lexis-nexis.com/hottopics/gacode/default.asp. The statute number is 17-8-26.

State lawmaker arrested for drunk driving

Police say Georgia House Appropriations Chairman Ben Harbin (R-Evans) crashed his car into a utility pole in downtown Atlanta early Sunday morning. Harbin now faces charges of driving under the influence. He is out of jail on bond.

Colleagues say the incident is completely out of character.

"He's never had any problems whatsoever in the past like this," says Rep. Barry Fleming (R-Harlem). "He is one of the hardest working elected officials that I know and he serves his people very well. I would think that one instance like this is an aberration."

Fleming is part of the House leadership team, and he expects members will wait to hear all the facts before considering whether Harbin should lose his chairmanship. Harbin now leads the committee responsible for writing the $20.2 billion state budget.

A spokeswoman for House Speaker Glenn Richardson (R-Hiram) refused to comment.

"I do not have any details on this situation," says Clelia Davis. "It is a personal and legal matter."

But Tom Crawford, editor of Capitol Impact.com, thinks, in the end, Harbin will keep his plum assignment.

"No legislator has been force to lose his committee chairmanship," Crawford notes.

Most recently, Rep. David Graves (R-Macon) was arrested twice, in 2004 and 2005, for driving drunk. He resigned his chairmanship of the committee that oversees liquor regulations. The scandal that followed also led Graves to decide not to run for re-election.

In 2000, however, then-Senate Appropriations Chairman George Hooks (D-Americus) was arrested for DUI. He checked himself into a rehabilitation center and resumed his duties, Crawford recalls.

DUI charge for State Rep Harbin

State Representative Ben Harbin is facing a DUI charge after an incident early Sunday morning. Police say Harbin’s car hit a utility pole around 1am Sunday near the Oakland Cemetary just outside downtown Atlanta. The car went 40-50 feet before coming to a stop. Harbin, who was traveling alone, was taken to Grady Memorial Hospital as a precaution.

A Republican from Evans, Harbin is chairman of the House Appropriations Committee, which is a key group in overseeing how the state’s budget is spent.