Thursday, January 17, 2013

Free Legal Question: Criminal Law | Georgia | I was at a red light ...

I was at a red light facing south, and a police office was at the red light facing north. I just had new tires put on my truck, and when I hit the gas, I made a slight "screech." But, no burn marks, smoke, and the vehicle never left a straight line. I was pulled over for "laying drag..GA 40-6-251"

But, according to GA 40-6-251..

"(a) No driver of any motor vehicle shall operate the vehicle upon the public streets, highways, public or private driveways, airport runways, or parking lots in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around, except to avoid a collision or injury or damage.

(b) The offenses described in this Code section shall be sufficiently identified on any traffic ticket, warrant, accusation, or indictment when referred to as 'laying drags.'

(c) This Code section shall not apply to drivers operating vehicles in or on any raceway, drag strip, or similar place customarily and lawfully used for such purposes.

(d) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor. "

However, he code mentions no mention of "noise", "smoke", or even "laying rubber."

And my vehicle never.. "zigzag or circular course or to gyrate or spin around"

To makes things worse, after I was pulled over, I found out my license was suspended, due to missing TWO child support payments. I was never informed by mail, email, or telephone.

How should I proceed with the case, and what types of questions could I ask the officer?

If I can prove that the officer had no reason to pull me over according to Georgia code, can I also then argue he would of never knew my license was suspended, and so on?

Source: http://www.lawguru.com/legal-questions/-/red-light-facing-south-police-611398091/

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