A friend of mine was recently stopped by an officer for speeding at 75 MPH in a 55 MPH zone based on laser speed detection. After the stop, he was charged with a DUI "less safe" for refusing to take the state chemical test. In Georgia, a specific sign is required to be posted for an officer to use a laser speed detection device. That sign was not posted and my friend has obtained video evidence of such. It is typical in Georgia for officers to say they visually estimated speed and then confirmed it using laser. My questions are these. If laser is inadmissible due to the missing sign, and the officer can be proven ineffective at visually estimating speed, would there still be probable cause for the entire traffic stop? If the officer lacks probable cause for traffic stop based on an allegation of speeding, couldn't the DUI theoretically be dismissed since no evidence would be admissible as "fruit of the poisonous tree"?
1 Answer from Attorneys
Since your initial presumption about signage is incorrect, all the things you posted after that are incorrect. A refusal is an automatic suspension and hopefully your friend hired a lawyer within the first ten days, the window to address that.
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