Legal Question in DUI Law in Georgia

Illegal Stop

I was stop for speeding and was not actually speeding. As a result of the stop I was given a ticket and subjected to DUI testing and failed. My question is that if I am succesfull in establishing that I was not speeding, can the evidence for the DUI be suppressed and if so, based on what presidence? State of Georgia vs Who?


Asked on 10/22/01, 10:00 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Illegal Stop

The police need probable cause to pull you over. If you were stopped for only speeding and you could establish that you were not in fact speeding, then there would be no probable cause and you could therefore attempt to defeat the DUI. However, how would you prove that you were not speeding?

Robert J. Johnston

843-828-1137

[email protected]

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Answered on 11/24/01, 9:10 am


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