Georgia drivers could refuse to sign traffic tickets and not be arrested under bill

ATLANTA– Georgia lawmakers are trying to change state law to say officers don’t have to arrest people who refuse to sign traffic tickets after a church deacon died in August after initially refusing to sign a summons and struggling with an Atlanta police officer.

The state House voted 156-10 on Wednesday to pass House Bill 1054, which would eliminate the requirement for a driver to sign a citation, allowing an officer to instead write that someone has refused to sign and then issue the driver can give the ticket. The measure heads to the Senate for more debate.

State Rep. Yasmin Neal, the Jonesboro Democrat who sponsored the bill, said removing the requirement to sign would reduce a source of conflict that creates risks for officers and drivers. Officers can still choose to arrest traffic violators, but are not required to do so.

“No more arguments, no more fights. There are no more cases where officers risk their lives in an attempt to arrest someone for lower-level traffic crimes,” said Neal, a former police officer. “Everyone goes home safely at the end of the evening.”

Under the measure, people who refuse to sign a ticket will not be allowed to pay for the ticket in advance and will have to appear in court. A judge can revoke the driver’s license of people who skip court hearings.

Neal said some cities and counties in the state already allow the practice, but she said she wanted to standardize it and said jail should be reserved for people charged with more serious crimes.

“We don’t want our officers on the side of the road arguing and fighting with citizens about traffic tickets if a citizen disagrees,” Neal said.

Atlanta is a city where people refuse to sign tickets, a change that only came about after the arrest of Johnny Hollman Sr. on August 10. Family members say Hollman, 62, was driving home from Bible study at his daughter’s house and taking his wife to dinner when he collided with another vehicle while crossing a busy street just west of downtown.

Body camera video shows Officer Kiran Kimbrough repeatedly demanding Hollman sign the summons, but Hollman insisted he had done nothing wrong. The two men then got into an argument, during which Holloman ended up on the ground. He repeatedly said, “I can’t breathe,” and Kimbrough used a Taser to shock him. Hollman was then found unresponsive and he was later pronounced dead at a hospital. An autopsy determined Hollman’s death was a homicide, with heart disease also a contributing factor.

Lance LoRusso, an attorney for Kimbrough, has previously said that Hollman resisted arrest and that Kimbrough acted lawfully when he used his stun gun and used force.

Kimbrough was fired Oct. 10 after Atlanta Police Chief Darin Schierbaum said he violated department policy by not waiting for a supervisor to arrive before arresting Hollman. The Fulton County District Attorney’s Office is investigating the case to determine if criminal charges are appropriate.

Hollman’s family has sued Kimbrough, Schierbaum and the city in federal court, arguing that Kimbrough violated Hollman’s rights by using excessive force. The lawsuit seeks unspecified punitive damages and other relief.

Hollman’s family has also sued a tow truck driver who assisted Kimbrough and has called on prosecutors to charge the officer with murder.