Legal Question in Traffic Law in Georgia

I live in Georgia, and was recently pulled over by municipal police for allegedly "throwing things out of my window" at the vehicle behind me, way outside city limits. This person was tailgating me for miles, and I only threw a cigarette out of my window, which happened to bounce off the front of the SUV on my tail because they were following so closely. This person had called the County Sheriff, who directed the call to the city police, who waited for me to come inside city limits so they could pull me over. They pulled me over immediately, with no other basis, and the complainant never even gave their name or information. Is this a legal traffic stop? I received a ticket for Failure to Maintain Lane, for jumping out of my skin when I was turning a corner, after the cop already had his lights on, and decided to turn on his siren as I rounded the corner. As a reflex I jumped, and looked straight to my review mirror, but was told when I did that, that I swerved outward and crossed out of my lane. I think this is ridiculous and Im trying to research whether this was a valid traffic stop to begin with.


Asked on 8/30/11, 10:20 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Of course it is. You littered, which is grounds for a traffic stop. Besides the harm on the enviornment that smokers cause by throwing butts out the window, that can cause a fire. That gave probable cause for the stop, since you clearly broke the law and there were witnesses. An anonymous call can justify a momentary traffic stop.

And swerving when you hear a siren is also inappropriate. Nothing in the post, other than your acts, are "ridiculous."

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Answered on 8/30/11, 10:59 am


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