Legal Question in Discrimination Law in Georgia

Question:

Is it normal for an officer to file a police report when he stops a car but finds no wrong doing?

Question Background:

Hubby (legally) passed a young buck driving under the speed limit while on his way to pick me up from the airport on Friday night. A few minutes later hubby gets pulled over by a police offcier.

The officer asked him all the routine questions... where are you going? where did you leave from? have you been drinking? He then asked my husband to walk the line which he did perfectly.

About this time, the young buck pulled up behind the police cruiser. He got out and insisted the officer give my husband a breathlizer. The officer explained the young buck had called in my husbands license plate as a drunk driver.

My husband was insensed and stated calmly that he thought the young buck was simply a jerk who's feelings got hurt an old beatup minivan passed his muscle car. My husband then volunteered to take a breathizer test which registered ZERO alcohol.

The officer told both the young buck and my husband they could go. No warnings, tickets or citations were issued to any of the parties.

Fast Forward:

Several weeks later a teenager rear-ended my husband at a stop light. After the accident he went to the police station as instructed to get a copy of the police report so he can file an insurance claim.

The dispatcher at the desk asked his name then printed what he thought was the accident report. Once home, he realized the dispatcher had printed a police report filed by the officer that had stopped him weeks before. He subsequently returned to the police station to get the accident report.

But he is infuriated over the existance of a police report with ONLY his name on it. He's has no criminal past..not even an arrest. He strongly believes that if he had been of another race no police report would be on file for a traffic stop that resulted in no citations/tickets.

1 Answer from Attorneys

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