QUESTION
What can I do if I’m falsely pulled over?
Asked on Jan 22nd, 2014 on Criminal Law - Georgia
More details to this question:
I received two driving on suspended and no insurance, almost back to back. the first one cop said I failed to stop at stop sign and was doing 10 miles an hour, but on the road there is no way you can get to that speed and believe I did stop, he didn't pull me over for about 2 miles from that sign. Second time said my turn signal didn’t work but I knew it did, so he switched it to a cracked windshield but doesn’t obstruct my view. I know the real reason was to do a drug search because of the neighborhood and the K9 unit was there pretty fast. I currently have a valid license and insurance but not when I was pulled over. My license was suspended for not having an updated sticker and flat tire that incurred 10750 in fines in ten month period. I was wondering if I have any chance to suppress those tickets or have a good chance to defend myself on a reason for driving is work. I believe the fines shouldn't have got that high they should have towed it sooner and since it was a parking ordinance there wasn't any help or driving permit for work only, only way was to pay off fines and I’m a construction worker with a few more driving on suspended but nothing else on my record. I have a date set for a jury trial. Thank you
3 ANSWERS
John J. Carney
Retain a good lawyer to handle the cases. The cracked windshield is a good reason to pull you over. The police will always come up with a reason to pull you over and the judge will believe them, especially since you are guilty of all the charges from what you say. You must be more responsible if you are going to drive a car and make sure you pay off your tickets, keep your car in good condition, and do not commit driving infractions.
Answered on Jan 27th, 2014 at 11:42 PM
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These are cases that should resolve with a non-moving violation it may depend some on the county you are in, but I feel confident that I could get that. the non-obstructed windshield is a good defense for a stop, if that is the only reason in the reports - you need to file a motion to suppress the stop on both cases the right investigator (former police traffic officer is likely best) could present evidence of your claim on the road/stop sign make sure to take photos of the windshield prior to fixing it.
Answered on Jan 27th, 2014 at 8:28 AM
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No, you wont be able to "suppress" the tickets. Probable cause to stop can be just about anything. I suspect in the 2 miles he followed you, he was running your license and saw thay you came up suspended. A risk you take when you are driving on a suspended license with no insurance.
Answered on Jan 24th, 2014 at 7:01 AM