ATLANTA --- State Rep. Ben Harbin and his attorney denied Monday any wrongdoing in a possible mix-up that allowed the Evans Republican to keep his driver's license after last year's arrest on suspicion of drunken driving.
For days, speculation has swirled about why Atlanta police Officer Bryan French, who arrested Mr. Harbin after an early-morning vehicle accident in May 2007, missed a hearing in which his testimony would have helped an administrative law judge decide whether Mr. Harbin's license should be suspended.
Mr. Harbin had appealed the Department of Driver Services' action to suspend his license, and the department asked that the Office of State Administrative Hearings, which resolves disputes between individuals and state agencies, rule on the matter, a standard procedure in such challenges.
Officer French did not respond to repeated phone requests for an interview on Monday. Last week WRDW-TV reported that he said he had received an "official looking" document telling him that an Aug. 14 administrative hearing had been rescheduled.
Mr. Harbin's attorney, Robert Highsmith, said Monday that he knew of no such document.
"I'm unaware of anyone acting inappropriately in the matter, but if someone did I'd like to know," Mr. Highsmith said.
Four days before the Aug. 14 hearing, Mr. Highsmith faxed Officer French and e-mailed Judge Elbert Hackney, requesting a postponement of the hearing until September, Mr. Highsmith said.
Judge Hackney denied the motion, and the case continued as scheduled, Mr. Highsmith said. Officer French did not appear at the hearing, and Judge Hackney dismissed the case -- an action that allowed Mr. Harbin to keep his driving privileges. Mr. Highsmith noted that about a dozen other cases were dismissed that day because a party involved did not appear.
Mr. Harbin, the chairman of the House Appropriations Committee, said neither he nor his lawyer did anything wrong.
Mr. Highsmith's motion bears the heading of the Office of State Administrative Hearings, as is customary in written motions is most courts. It requested that the hearing be continued to September because his client had yet to be arraigned in municipal court and was working to reach a plea bargain that might nullify the suspension hearing.
Mr. Harbin was arrested about 1:15 a.m. May 20 after his silver Nissan Maxima slammed into an electrical pole near downtown Atlanta. Police have said he failed field sobriety tests and refused to submit to a blood test when taken to a hospital.
Mr. Harbin, noting his case is pending, would not say why he refused the blood test.
A criminal case on the drunken driving charge against Mr. Harbin is pending in Atlanta Municipal Court after delays. His next appearance is scheduled for June 24.
Reach Jake Armstrong at jake.armstrong@morris.com or (404) 589-8424.
THE MOTION
Motion that was faxed to Officer French by Attorney Robert Highsmith (.pdf)
Comments
This happens all the time, give him a break. Ben is a good guy who made a mistake. If I know him like I think I do, he does not want any special treatment. I deal with these types of charges all the time, most of them get dropped to wreckless driving.
Something here does not smell right. All this license business happened last August, and it just comes to light now? Once again Harbin refuses to speak up and speak out with the truth. This guy needs to find a new line of work where he only represent himself, for that appears to be what he has done best anyway. He has been a terrible role model and a poor example of the integrity most citizens want in the Georgia House of Representatives.
When a drunk person chooses to drive and crashes his car, it's not an accident! It's a wreck. He refused the blood test. He didn't make a mistake, he made a damn poor choice, especially for an adult with serious responsibilities. Is this the way the law will be applied to every other drunk driver or is this special treatment for a politician? He still has his license? Yeah, Uncle BS, this seems like a real likable guy.
Sounds like the policeman missed the hearing and is trying to cover his posterior. From what I've been told by a friend in the D.A.'s office, this happens about half the time.
stand up and take it like a man you pixie....................
Smoke and mirrors, the attorney and his client pulled a fast one and got away with it this time. I have seen this technique used successfully several time, and usually for moneyed or political clients. They continue the case or send requests improperly to the officer to confuse hearing dates knowing that if the arresting officer misses a date the charges can be dismissed. Ultimately, that will happen here.
Is Ben's REAL job title, "Used Car Salesman"?????
What a bunch of bull. That's right, blame it on the police. They are the ones that got into a vehicle after drinking and crashed it into a pole. They are also the ones that refused to take a blood test.
If you read the DUI convictions which are posted in the paper with mug shots you will often see that the incident was, many times, three years ago. I thought that they kept your drivers license and gave you a paper replacement. It does make your life miserable since showing your license is required for so many things, like going on post. It is a shame that the laws have complex remedies because these comments are so condeming. Luckily, our country is organized to prevent the kind of justice which many of you seem to purport. This does not excuse the guilty, but it does introduce the argument for mercy. This contest should be between Ben and his attorney and the DA and the judge. The people are protected this way, why not Ben?
Even Ben's attorney said on TV last week that all of these delays are done to get the case dismissed. Either the officer will be transferred or leave the force or maybe a witness will move away from the area. This is just another way for politicians to skirt the law. It doesn't matter which party they belong to, they believe they are above everyone else.
It might just be possible that none of us knows the facts in this case or any other circumstances beyond car hit pole. This too happens frequently because drivers are often distracted for a couple of seconds which is all it takes for a telephone pole to suddenly appear. That's how it seems when it happens whether you've been drinking or not. Of course this sort of thing never happens to smug people.
It's not political or racial: money talks, bull$hiite walks.
Poor Ben, he has been found guilty, now for the hanging.
Immorality has no race, gender, or address! That's all I'm gonna say about it....
i'm glad he kept his license and it's time the world realized it sheer stupidity to think people are not going to drive after a dui. what, suddenly you don't go to work,don't go to the stores, don't go to eat,etc.
suspending a license is a waste.
Can anybody enlighten me - where was Mr. Harbin going when the wreck occurred? I understand that he left a policital party that evening. The wreck was near Oakwood Cemetary in east Atlanta, nowhere near the party or Mr. Harbin's Atlanta apartment. So, what was he doing in east Atlanta?
One known fact is that he failed several sobriety tests given in the field. Enough to get the average person arrested and to lose their permits.
Hmmm... Strolling though east Atlanta, huh...could it have been on the prowl for a lil' late night pootnanny as a night cap? No seriously, that is a bunch of BS to allow him to keep his license when others gets theirs confiscated immediately.
People, get rid of this worthless parasite.
I was appalled to see Harbin receiving some good citizen award or something. How about you be a good citizen and straighten up your legal issues first, then go from there?
IMHO...our representatives should be held to a higher standard. Two strikes and you're out. We all make mistakes...let em by with one...can em on the 2nd. No senate investigation...just send him home and have an election for a replacement. Life's really simple if we let it be....
Justus, I'm an "ordinary" American. What in the world does THAT mean? Mr. Harbin made a poor choice. He has to deal with the consequences. He also has done a lot of good in his position. I'm wondering how in the world you go day to day being such an upstanding member of society and never make mistakes or choices you regret later?
I should point out that Harbin is a good Baptist so he doesn't drink-it would be against his religion. Hee,hee,hee.
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