Q: Is it possible to be wrongly accused of street racing based on the type of car you drive?
Driver of a BMW M3 was pulled over on interstate 20 downtown in Atlanta on a Saturday night and was accused of street racing with “helicopter” footage. No footage was or had been provided and driver was immediately arrested and the driver’s car was impounded by a Georgia State Patrol officer although there was a passenger in the car with a valid drivers license. Driver, who possesses a class A CDL, is now unable to work due to this situation with no answers or help.
It is possible. However, you would need to acquire and review the helicopter footage to determine if an objective, reasonable person would conclude that the driver was driving the BMW M3 for the purposes of a race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record. See O.C.G.A. section 40-6-186.
In regards to impounding the vehicle, police officers have wide discretion in deciding to impound a vehicle upon arrest of the driver.
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