Improper Arrest: Illegal Extension of Stop

Once an officer has completed the reason for the initial stop; he should terminate the contact and allow you to leave. For instance, if you are stopped for speeding, you should receive a ticket and be allowed to leave unless there is a clearly articulated reason to extend the detention.  In most DUI-alcohol cases, that reason will be the odor of alcohol coming from a person's breath.  However, in drug and DUI-drug cases (excluding marijuana and perhaps methamphetamine) there is usually no detectable odor, so this issue takes on added importance.  If an officer continues to detain you for additional questioning or field sobriety tests and he does not have sufficient reason to continue the detention, all evidence obtained as a result of the unlawful seizure should be suppressed.  This means that the officer's observations (including his evaluation of field sobriety tests) and the results of any state administered test (e.g., blood or breath) cannot be used against you at trial.  When a judge rules with us on this issue, it usually means the case has to be dismissed because the prosecutor is left with no evidence.

More Tactics to Fight a DUI in Georgia

Improper Stops

• Tips or Anonymous Calls
• Mistake of law
• Failure to maintain lane
• Stopping the wrong car
• Stopping for a hunch or just felt like it
• Stopping a vehicle for a different reason than the officer claims

Improper Arrest

• Improperly Administered Field Sobriety Tests
• Coerced Field Sobriety Tests
• Medical-Physical Conditions
• Videos Don't Support Arrest Report

Improper Blood Test

• Proper Request
• Statutory Requirements
• Lab Mistakes

Improper Breath Test

• Rules
• Certification
• Certification of Machine
• Interferents
• Machine Not Calibrated
• Machine Malfunction

Procedural Mistakes

• Mirandize/Read Your Rights
• Implied Consent Warning
• Witness Appearance
• Inconsistent Statements by Law Enforcement Officer
• Expert Witness