Home > Research Legal Advice > DUI / DWI > Can a traffic stop remain valid if I was pulled over for failure to main...
Asked over 1 year ago - Lawrenceville, GA
FlagI seen a cop on the side of the road in the dark as I drove closer, when I passed him, I went over the center double yellow line. I wasn't sure what he was doing in the dark at night with his lights on so I thought he might be outside, and there were not any cars on the small road so I only "failed to maintain lane" at that time. After that he got me for a DUI. But can I possibly get the stop thrown out in any way? I have three witnesses in the car who saw I drove complete straight as I drove a good distance to that point. In addition, the cop never pulled out to get me as I was driving down the road before I got to him. I always maintained my lane prior to that point.
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The traffic stop was probably legal if you actually crossed the double yellow line. However, you have a great explanation for crossing the line. This explanation casts serious doubt on the State's case against you and will make it very difficult to prove your guilt beyond a reasonable doubt. The passengers could testify at trial on your behalf. Since the stop was probably legal, you won't be able to have the case dismissed outright, but you may get an offer to plead to Reckless Driving, or else you would have a good chance to beat the case at trial. Make sure you work with an attorney who is serious about taking your case to a jury trial if it is in your best interest. We are available at 404-881-8866 to discuss your case further at no charge. Best wishes to you.
