The Georgia Supreme Court  reversed the motor vehicle theft conviction of a Whitfield County man sentenced to 10 years in prison for stealing a lawn mower. The issue in the case was whether a riding lawn mower should be considered a “motor vehicle” under the motor vehicle theft law.

On appeal, the Georgia Court of Appeals concluded a riding lawn mower should be considered a motor vehicle — but in a 4-3 decision the high court ruled the appellate court was wrong and sent the case back for resentencing.

The case stems from the 2006 arrest of Franklin Lloyd Harris, who was charged with stealing a Toro riding lawn mower from the Home Depot store in Dalton. According to evidence at trial, he and two others pulled his father’s red Ford Aerostar van to the front of the store, loaded the lawn mower into the back and drove away.

Harris was charged with two felonies: motor vehicle theft and theft by taking, because the mower was valued at more than $500.

During the trial, Harris’ public defender moved to have the first count thrown out on the ground that stealing a lawn mower is not considered motor vehicle theft under state law, and Harris should not be punished as if he’d stolen a car. The trial court denied his motion, a jury found Harris guilty, and because he was a repeat offender, he was sentenced under the motor vehicle theft law to 10 years in prison.

On appeal, the Georgia Court of Appeals upheld the conviction and sentence, ruling that a riding lawn mower is a “motor vehicle” under state law.

Although Harris’s conviction for motor vehicle theft was reversed, he was also convicted of theft by taking, and faces as many as 10 years on that charge.

In a dissent, Justice Harold Melton stated, “the legislature has specifically defined the term ‘motor vehicle’ broadly enough to encompass a riding lawn mower.”

The Summerville Victorian Christmas Walking Tour has been set for December 6th this year with a rain date of December 13th.

The Victorian Christmas Window displays will be able to be viewed from Thanksgiving until Christmas of this year.  There will be seventeen scenes in all including a Nativity Scene, a Carousel scene, a Train and Village, a Toy Shop and Santa and Sleigh along with many more scenes.

The Walking Tour will be held Sunday, December 6th from 2-4 PM.

The Chattooga County Sheriff’s Department is reporting the arrest of a Trion teenager for Child Molestation and Aggravated Sodomy.  According to the docket records from the Chattooga County Sherrif’s Department the young man was arrested at 10:17 Monday morning and booked into the Chattooga County Jail at 10:45 yesterday morning.  Christopher Glen Blackmon, Jr. of Reed Street in Trion was charged with one count each of Child Molestation and Aggravated Sodomy.

Public Works Director Lamar Canada told AM 1180 that the County Transfer Station and all Remote dump Sites will be closed on Thursday November 26th for Thanksgiving…

This Thursday is Thanksgiving and a group of people in Chattooga County are working to make sure no one in our county goes hungry this Thanksgiving.

Organizers for the 14th Annual Community Wide Thanksgiving Dinner say that if you know of someone that will not have a hot meal this Thanksgiving Day you should call them at 706-506-1817, 706-936-4590 or 706-506-1443.  Meals will be ready by 10:30 AM on Thursday morning, or they will deliver the meals if someone needs them to do so.

Volunteers are always welcome.  The Thanksgiving meals will be available this Thursday at Sonrise Community Church in the Sav A Lot Shopping Center in Summerville.

AAA projects 1.4 percent increase in Thanksgiving travel as consumer see signs of economic recovery. The South Atlantic region is forecast to be up by 3 percent. With a cautious eye on economic recovery, more Americans intend to travel this year for Thanksgiving than last year. AAA projects 38.4 million Americans will travel a distance of 50 miles or more away from home throughout Thanksgiving weekend, a 1.4 percent increase over last year when 37.8 million traveled for the holiday.

“We take the projected increase in travelers as a sign that economic recovery may finally be taking root and we believe many Americans certainly share the same hope,” said Kevin Bakewell, senior vice president, AAA Auto Club South.

Overall, the numbers show an even greater number of people who plan on driving (86 percent of all travelers) which reflects a growing public dissatisfaction with air travel. Fewer flights, higher costs for airfares, frequent delays and increased fees have a record number of Americans opting for other means of travel. This year only 6 percent of travelers said they will travel by air and that exemplifies a 10 year trend in which air travel, as part of total Thanksgiving travel, has declined substantially. Since 2000, the number of air travelers during Thanksgiving weekend has dropped by 62 percent.

Florida and Georgia are projected to show a 3 percent increase in overall travel versus 2008, but in Tennessee an 8 percent decrease is anticipated and that is reportedly due to high unemployment in Tennessee.

With so many motorists expected on the roadways, Bakewell recommends that everyone avoid driver distractions such as cell phones and texting, as well as avoid “driver fatigue” and not attempt a long drive home at night, especially if there’s any drowsiness after enjoying a hearty Thanksgiving dinner.

“On Thanksgiving Day we’re all especially susceptible to ‘carb-overload’ and when you couple that with the tryptophan that is present in turkey and other meats, and perhaps an alcoholic beverage, many of us are ready for a nap,” Bakewell said.

He noted that tryptophan can contribute to a feeling of drowsiness and motorists must be aware of that and avoid driving if they feel tired. “It’s much better to stay put rather than place yourself and others at risk,” he added. “A fresh start in the morning after you’ve rested makes a world of difference.”

AAA’s holiday travel projections are based on research conducted by IHS Global Insight and D.K. Shifflet & Associates which conducted a national survey of 1,350 U.S. adults.

Calhoun Times

A Cartersville man has been charged with distributing obscene materials after police say he cornered a woman in a grocery store parking lot and showed her a pornographic picture on his cell phone.

Acworth police say 29-year-old Stephen Joseph Woods Jr. was at was at the Aldi store in Acworth when he confronted the unidentified woman. The woman tells police he approached her and asked if she “wanted to see something.”

Then he showed her the image on his phone. Police later executed two search warrants, including one for the phone and one for the photographs. Three nude photos were found on the man’s phone.

(ATLANTA) – Georgia State Troopers and officers with the Georgia Department of Public Safety Motor Carrier Compliance Division and Capitol Police Services Unit will join their law enforcement counterparts across the United States beginning this Monday for Operation Click It or Ticket.  The two-week, high-visibility seat belt enforcement effort will target motorists who are not wearing their seat belts or properly restraining children.

Colonel Bill Hitchens, Commissioner of the Georgia Department of Public Safety, said seat belt enforcement has proven to save lives.  "Through enforcement and education, more people are using seat belts than ever before and that has translated to more lives saved when traffic crashes occur," he said.  "But, far too many people are still not buckling up or taking the time to properly restrain children."

Last year during the 102-hour Thanksgiving holiday travel period, the Georgia State Patrol investigated 10 fatal crashes between 6 p.m. Wednesday and midnight the following Sunday.  "Of the 10 fatal crashes troopers investigated, six of the people killed were not wearing seat belts; one crash victim was a motorcyclist; and use could not be determined in one crash," the Commissioner noted.

Nationally, nighttime is the worst for seat belt use, according to statistics from the National Highway Traffic Safety Administration (NHTSA).  Of the 231 traffic deaths in crashes occurring at night during the Thanksgiving holiday period in 2008, 67 percent were not wearing seat belts.

Colonel Hitchens said troopers will be keeping a close watch for seat belt violations during patrols over the next two weeks and MCCD officers will be watching for seat belt violations by drivers of commercial motor vehicles as well.  "Federal regulations require safety belt use at all times in a commercial motor vehicle," he said.

"Wearing a seat belt costs you nothing, and may save your life or protect you from a serious, possibly life-altering injury," Colonel Hitchens said.  "Not wearing a seat belt, especially during this Thanksgiving period, will definitely cost you a ticket at the very least."

Regular seat belt use is the single most effective way to protect people and reduce fatalities in motor vehicle crashes, according to NHTSA.  Research has shown that when lap and shoulder belts are used properly, the risk of fatal injury to front-seat passenger car occupants is reduced by 45 percent, and the risk of moderate to serious injury is reduced by 50 percent.

Commissioner of Agriculture Tommy Irvin is alerting Georgians to the recall of some snacks due to inadequate labeling.  The snacks could cause serious or life-threatening reactions in some individuals.

Snacks on Racks, Inc. of  Parkville, Mo. is recalling products from their line of Gourmet Snacks Packs because they may contain milk, peanuts, tree nuts, soy, egg, sulfites or wheat without listing so on the labels.  People who have an allergy or severe sensitivity to milk, peanuts, tree nuts, egg, sulfites, soy or wheat run the risk of serious or life-threatening allergic reaction if they consume these products. The complete list of recalled products is at the end of this press release.

Gourmet Snack Packs are distributed throughout the continental United States to food service establishments at hospitals, colleges, universities and corporate cafeterias and kiosks. Gourmet Snack Packs are not sold to convenient stores, gas stations, grocery or mass market retailers.

Gourmet Snack Packs are packaged in clear, rectangular, plastic containers with a blue Snacks on Racks label adhered to the top of the product. The retail packaging is not marked with any codes, UPC numbers or expiration dates. A date code sticker is on the case packaging only. Consumers will be able to distinguish between the recalled product and the correctly-labeled new product because the new product will have the recycling symbol located in the bottom right corner of the label.

Consumers with questions may contact the company at 1-816-505-9131 between 8:00 a.m. to 4:00 p.m. CST Monday through Friday or visit www.snacksonracks.com.