Asked in Criminal Law, Traffic Tickets and Civil Rights for Georgia

Q: got citation for no working brake or tail lights 1 was out but mY other 2 and a half brake lights and blinkers was wrk

The searched my car and found schedule 2 pills I told them no they couldn't search n they got the dog the pills was dropped by a friend I picked them up n put n a bottle intending on throwing them away weeks ago and forgot can I get it dismissed based on the original reason they stopped me he said tail light was out but ticket says no working brake and not working blinkers but they worked

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Georgia, if you received a citation for non-working brake or tail lights but believe this was incorrect because your lights were functioning, this could potentially be a basis to challenge the traffic stop. However, the subsequent discovery of schedule 2 pills during the search adds complexity to your case.

The legality of the search of your vehicle, especially if you initially refused consent, may hinge on whether the police had probable cause or if the use of the drug-sniffing dog was justified. If the initial stop was not based on a legitimate reason, or if the search was conducted improperly, it might be possible to argue that any evidence found as a result should be excluded.

To challenge the citation and the search, it's important to gather evidence that your lights were working at the time of the stop. This could include photographs, mechanic reports, or witness statements.

Consulting with a lawyer experienced in traffic and criminal law is crucial. They can assess the specifics of your situation, including the discrepancies in the citation and the details of the search, to determine the best approach for your defense.

Remember, each case is unique, and the outcome can depend on various factors, including the specifics of the traffic stop, the search, and the evidence against you. An attorney can guide you through the process, represent your interests, and work towards the best possible outcome given your circumstances.

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