Legal Question in Criminal Law in Georgia

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?


Asked on 1/16/13, 11:27 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

One answer is easy - you don't ask the officer anything. You get a lawyer. You have been charged with a crime. Not an infraction such as a speeding ticket, but a crime. Further, you'll get nowhere trying to say the officer had no reason to stop you. In your own post, he did have a reason. Even if he had given you no ticket you would still be on the hook for the suspended license, which is the second thing you need a lawyer to resolve (it is rarely as simple as catching up on support). The third major issue is the child support, and that won't go away without a resolution. Now is the time to handle things correctly and responsibly. A judge will not be kind to someone in your situation coming into court and throwing things against the wall.

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Answered on 1/16/13, 11:56 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Very simple - if you defend yourself expect a disaster. You have a serious case (the suspended license) that can land you in jail. Even if you have a defense as to the validity of the stop, and that's debateable at best, you'd have to know how to file, serve and present proper pretrial motions. The place to learn how to do that is three years of law school and you lack the time to do that. So get a lawyer and get one soon.

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Answered on 1/16/13, 2:10 pm


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