Locust Grove, GA asked in Traffic Tickets for Georgia

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.

Related Topics:
1 Lawyer Answer
Zachary Taylor Beck
Zachary Taylor Beck
  • Criminal Law Lawyer
  • Rome, GA
  • Licensed in Georgia

A: 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.