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Cause to make a traffic stop?

Cumming, GA |
Filed under: Traffic stops

What reasons could an officer use to stop a car for dui...if no traffic infractions were made ?

Attorney Answers 4


  1. An attorney familiar with the policies and procedures of the court will know the likelihood of negotiating such a resolution given the circumstances of your case.

    Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.


  2. The police can make observations of a car that may lead the officer to believe the person is operating while under the influence of alcohol. A person does not need to violate traffic laws in order for the police to have a right to pull that person over.

    Attorney Jason Chan
    77 Franklin Street, FL3
    Boston, MA 02110
    617-556-8220
    website: www.attorneychan.com
    blog: http://attorneychan.wordpress.com/
    twitter: http://twitter.com/AttorneyChan

    Disclaimer: I am licensed to practice law in MA. Any information that is provided is for informational purposes only.


  3. The police can make observations of a car that may lead the officer to believe the person is operating while under the influence of alcohol. A person does not need to violate traffic laws in order for the police to have a right to pull that person over.

    Attorney Jason Chan
    77 Franklin Street, FL3
    Boston, MA 02110
    617-556-8220
    website: www.attorneychan.com
    blog: http://attorneychan.wordpress.com/
    twitter: http://twitter.com/AttorneyChan

    Disclaimer: I am licensed to practice law in MA. Any information that is provided is for informational purposes only.


  4. in Georgia there must be probable cause to believe that a crime is or has occured. there is a very bad case from the united states supreme court that allows evidence gathered from the stop even if the officer had an ulterior motive see: Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996).

    call:
    R. Parker McFarland, Jr., General Member
    Address
    309 Pirkle Ferry Rd Bldg B
    Cumming GA 30040
    Email: parker@mcfarlandmcfarland.com
    Website: http://www.mcfarlandmcfarland.com
    Complete Details
    Phone: 770-889-2522
    Fax: 770-889-1099

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