Legal Question in Traffic Law in Georgia

Hello, My name is Yukiko Clayton. I'm in need of your assistance in a court case. On December 30th, 2011, I was pulled over by a Gwinnett County Police Officre. He told me the reason he pulled me over was due to a break light not working. I advised the officer I never used my break light while he was in the vacinity and had no need to use it, therefore how could he say it was not working? At that time, the officer became very aggrevated because I was asking questions on why I was pulled over and defending the fact that I knew what was working on my car. He asked for my license, went back to his patrol car and came back with "two citations." The first citation was for "brake light required" even though my break light was working. I advised him again that my break lights are working properly , I just bought this car and put new bulbs in to make sure everything was up to par. The second citation was for "failure to drive within a single lane"....

????? Sorry I'm a bit confused. When I was initially pulled over the officer never stated he pulled me over because of a "failure to drive within a single lane" He stated " Your brake light is out". End of story.

I informed the officer that I am refuswing to sign off on these documents because these offenses are not valid. Well then he started reaching for his hand cuffs. I advised him I would like a superior to come to the senne because I am disputing these alleged charges against me. He was very hesitant to contact a superior so I dialed 911 and stated to the operator " Ma'am I need a superior to the location of Bethany Church Rd. and Hwy 78 East due to an officer wrongfully accussing me and being very brut. Five minutes later a superior arrives and first speaks to the officer that pulled me over. When the superior came over to speak with me he begins asking me questions.1) "Was the officer brut/over aggressive?" Yes. What happened?

He advised me that "every situation is handled differently, it all depends on the person that is pulled over and the circumstances involved and the officer was a rookie right out of training and was trying to go by the book" I advised the Superior "I understand but the way he was handling me was inappropriate" He also stated "the real reason the officer pulled you over was because he was under the impression that you were a drunk driver" I advised him that I had just left work in Kenessaw, GA was headed to my home five minutes up the road. I showed the superior the two tickets and told him the officer never told me anything about being a drunk driver and he never asked me any questions that would make me think that was why he pulled me over but he alleges that I was failing to drive in a single lane. I also advised the superior that my brake lights were working and I saw no reason to get a ticket under any circumstance. The superior said I could get back in the car so he he could speak with the officer. When the superior and officer returned to my car I got out of my car adn the officer who pulled me over stated " I'm going to give you a warning on the break light because this is a new car but I am giving you a ticket due to you failure to drive within a single lane" I advise the officer you can't give me a ticket under false pretences but I was still ticketed. I advised the officers I'm a CRJU stident so I'm aware of my rights and the superior shook his head laughed at the other officer because we were literally going word for word about the ticket he was issuing me. His superior advised me that he could not make the officer not give me a ticket but I can fight this in court.

At the present time I have a ticket for (40-6-480) (failur to drive within a single lane). With the story I provided do I have a solid case for a reccommendation for dismissal.


Asked on 2/13/12, 3:13 am

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

Contact Law Guru to get your post removed immediately. Since you made the mistake the posted guidelines here warn you not to do, and posted your name, prosecutors can read this post and use it against you. There is a two year statute of limitations to file additional charges against you, and the refusal to sign a ticket, which is something you should NEVER do, could get you an additional charge, such as obstruction.

You never argue a ticket at the scene. You argue in Court. At this point, because at the scene and now with this post you have put yourself at risk of jail time, get a very good lawyer.

And contact LawGuru immediately to see if your post can be removed.

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Answered on 2/13/12, 6:07 am


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