Legal Question in Traffic Law in Georgia

wrongful traffic citation

On Dec. 9, 2003 My sister was stopped for speeding in Leary, GA. It is my car but my sister was driving. I had just got the car from my mother as a gift but I didn't have insurance yet. The officer was very nasty toward us. He gave her the ticket for speeding and then gave me a ticket for not having insurance and he wouldn't give me my license back b/c he said I didn't have insurance. I want to know if I can get a ticket when I wasn't driving? I also want to know if I can file civil complaint against the officer that stopped us for his nasty attitude and also b/c when the car was being towed g=he has laughing and telling the wrecker guy why he stopped us?


Asked on 12/11/03, 1:11 pm

1 Answer from Attorneys
Phillip A. Strickland Law Offices

Re: wrongful traffic citation

First, I would forget filing any kind of civil action against the police officer. You can only sue the police for the knowing violation of your constitutional rights, a very difficult burden. Besides, being "nasty" isn't such a violation.

As for your citation, if your sister--the driver--had auto insurance then the liabilty portion of the policy should 'travel' with her no matter what car she was driving. Therefore, the car was covered as long as she was driving. [NB: this is true of most standard auto policies but I am not certain of so-called 'non-standard' policies. There are some other aspects of your case that might benefit you, should you decide to contest the ticket, but that should get you started. I would also carefully read your ticket to determine exactly which law you are accused of violating. I would then carefully read that part of the OCGA. [Offical Code of Georgia Ann.]

Best of luck.

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Answered on 12/11/03, 3:08 pm


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