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July 23, 2014

gpn12 IN THE SUPERIOR COURT OF RABUN COUNTY STATE OF GEORGIA, Plaintiff vs

posted by claytonlegals

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30525

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gpn12 IN THE SUPERIOR COURT OF RABUN COUNTY STATE OF GEORGIA, Plaintiff vs. 1996 TOYOTA TACOMA VIN: 4TAWM72N9TZ214349 Defendant CIVIL ACTION FILE NO: 2014CV079S COMPLAINT FOR FORFEITURE Now comes Brian M. Rickman, as District Attorney for the Mountain Judicial Circuit, State of Georgia, by and through Emma A. Hastings, Assistant District Attorney, and brings this Complaint pursuant to O.C.G.A. ?40-6-391.2 on behalf of the State of Georgia and shows the following in support thereof: 1. The property sought to be forfeited is described as follows: 1996 Toyota Tacoma, VIN: 4TAWM72N9TZ2 14349, Title No. 774127042432118. 2. Said property is presently located in Rabun County, and will be located in Rabun County during the pendency of this action, and is subject to the jurisdiction of this Court. Said property is currently located at the Clayton Police Department, 837 Highway 76 West, Clayton, Georgia 30525. The present custodian of said property is Officer Ryan Hamilton. 3. On June l, 2014, Officer John Michael Grist of the Clayton Police Department, a law enforcement officer, seized the above property. 4. Said property was seized from the location of: 63 Bleckley Drive, Clayton, Georgia 30525, Rabun County. 6. Said property was seized from Dover Wilburn Henson, who may be served at his residence located at 63 Bleckley Drive, Clayton, Georgia 30525. 7. The owner of said property is Peggy Hunter Henson, who may be served at her residence located at 63 Bleckley Drive, Clayton, Georgia 30525. 8. Peggy Hunter Henson knew or reasonably should have known that the operator was a habitual violator and knew or reasonably should have known that such person would operate the vehicle while in violation of O.C.G.A. ?40-6-391. Peggy Henson signed a Notice dated the 18th day of March 2014 acknowledging the above listed circumstances. Said Notice is attached to this complaint as "Exhibit A." 9. The seizure of said property was reported to the District Attorney of this Judicial Circuit within twenty days of its seizure. 10. Said property is subject to forfeiture because the operator, Dover Wilburn Henson, is a person who has been declared a habitual violator for three violations of O.C.G.A. ?40-6-391 and whose license has been revoked and who is charged with a violation of O.C.G.A. ?40-6-391. 10. Said property is subject to forfeiture because Dover Henson was involved in a traffic accident in the Ingles' Parking Lot in Clayton, Georgia. Mr. Henson left the scene of that accident. The complainant had the tag number of the vehicle that left the scene. The complainant also indicated that the driver of said vehicle appeared to be under the influence and almost struck a female and small child during the incident. The tag number came back to a 1996 Toyota Tacoma belonging to Dover Henson. 11. Officers responded to Mr. Henson's residence and made contact with him. Officer Grist smelled a strong odor of alcoholic beverage coming from the person of Mr. Henson. Mr. Henson initially lied to officers about driving the vehicle that is subject of this action. Mr. Henson then admitted to driving the vehicle at Ingles'. Mr. Henson stated he left the scene of the accident because he was scared. 12. Mr. Henson was read Georgia's Implied Consent Notice for Suspects age 21or over and agreed to a blood test. The result of that test is that Mr. Henson's blood alcohol level was 0.114. 13. WHEREUPON, the State of Georgia prays for due process to enforce the forfeiture. This 3rd day of July 2014. Emma A. Hastings, State Bar No. 218789 Assistant District Attorney, Mountain Judicial Circuit, 25 Courthouse Square, Suite 121, Clayton, GA 30525 (706) 782-4501 7-10,17
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