Legal Question in Traffic Law in Georgia

Wrong Offense on Citation

Officer stopped me for speeding (47 in 35 - down a hill of course), but the citation offense reads ''Visible emmissions from vehicle'' and the code section 40-8-181. Obviously nothing to do with why the officer claims I was pulled over for. My question is can the court system claim a typo error and proscecute me for the (now hearsay) violation the officer should have cited me for?


Asked on 8/22/05, 4:12 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Wrong Offense on Citation

Yes. Further, police officers are generally exempt form the hearsay issue of evidence as long as they are acting in their official capacity.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 8/22/05, 6:27 pm


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