Improper Stops: Mistake of Law

Even if the officer has the best intentions, a stop based on a mistake of law is an illegal stop. There is some Georgia case law that says even if it is later determined that an officer’s technical interpretation of the law was incorrect, the stop may still be valid. However, even in a case like that the officer must still have a reasonable suspicion of criminal wrongdoing.

Georgia's courts have never articulated the difference between a mistake of fact and a mistake of law; however, the Federal courts uniformly recognize that the former can justify a traffic stop, while the latter cannot.  In other words, if an officer thinks he observed your front seat passenger not wearing a seatbelt and was wrong, the stop is probably legal.  However, if he stopped you because he thought spinning tires on wet pavement was a violation of the "laying drags" law, the stop is unlawful.  Most Georgia trial judges understand the distinction, and we hope that our Court of Appeals will recognize it in the near future.

Winning a DUI Case: More Strategies

Improper Stops

• Tips or Anonymous Calls
• 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
• Illegal Extension of Stop
• 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