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Alex J. Esq.
Alex J. Esq., Attorney
Category: Traffic Law
Satisfied Customers: 16558
Experience:  Licensed Experienced Attorney/former law enforcement officer
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I was pulled over by the Police in Forest Park, GA, for my

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I was pulled over by the Police in Forest Park, GA, for my tags being expired.
I am orginally from Plamdale, California and I had explain to the officer that I had paid for my new tags on 12/23/11 and was waiting for California DMV to send me my tags. He also ask me to roll up my window and said my tint was too dark on my front windows. I told him that I live in Plamdale, CA which is in the middle of the Mojave Desert and that I am just visting Atlanta, GA, and that my tint was legal in the state of California. I received two tickets for the tags and the tint.
The officer ask me to step out of the car I told him I could not becuase I am a parapelgic confined to a wheelchair. He told me I should have told him about my disabilty eairlier, and that becuase I was from the state of California that he was suppose to arrest me, I ask him to repeat himself again and he said the same thing. He said before I let you go I want to take your photograph and finger print you. I thought this was very odd, becuase I am a former Los Angeles County Probation Officer who has never been arrested nor had any warrents and I asked the officer I'm I being arrested? He told me that if I did not comply with his request that he was going to arrest me. I thought his request was illegal, becuase useally when you finger print and take photograph of a person. That person has been arrested and charged with a crime.
I let him take the pictures and finger print me because I had a passnger in the car who could not drive my vehicle.
I went to court on 03/28/12 and showed the solicitor that my new tags were paid way before I came into the state of Georgia, and that I received my new tags two days after I got these tickets. He drop the tag charges and ask me how I plead on the tint charges, I told him not gulity! He said that I will have to go to court about the tint ticket.
So, I was waiting in court to see the judge and speak to her about this tint charge. The solicitor came back and said that my court date on Aug 08, 2012. I told him that I do not live in Ga, and ask to speak to the judge, he said I will have to fly back for the court date.
What shall I do?
Customer.
Hello. My name is***** am a licensed attorney and a former law enforcement officer and I will be glad to help you.

I am very sorry to hear about your unfortunate incident and the fact that you were treated with less than professional courtesy by the police officer who has stopped you.

Unfortunately, when it comes to the degree of the tint or other technical violations, it is the law of the state and municipality where you are driving that apply and not where the vehicle is registered.

Given the fact that you do not live in Georgia, but rather more than 2,500 miles away, I would suggest for you to either consult and retain a Georgia traffic defense attorney to handle this tint citation or to simply pay the fine, which should be minimal and would not add any points to your driver license.

Unfortunately, as long as this police officer can prove that the tint was too dark according to Georgia law, and unless you can produce a written letter from a licensed doctor that you need to have this dark tint for some type of medical reason, it would be an uphill battle to contest this ticket.

I know this is not an answer you were hoping for, but please understand that the law is the law and I do have professional obligation to provide JustAnswer.com customer with correct answers, even if the answer is not favorable to the customer.

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Customer: replied 5 years ago.

What about the officer taking my finger prints me and taking my photograph, and threating me, by saying that he will take me to jail if I did not comply with his wishes when I pulled me over on the side of the road?

Thank you for your follow up.

Unfortunately, when a motorist is cited in Georgia and the motorist is out of state, the officer does have a discretion and can ask the motorist to submit to fingerprinting and also take a photograph, in order to avoid any claims by the motorist that it was not him and also to help establish motorist's identity.

If the motorist refuses to comply, an officer can charge the motorist with an obstruction of justice and arrest the motorist.

If you feel that this officer had treated you unethically or in a disrespectful manner, you can report him to the chief of police by filing a formal complaint and also you can file complaint with this officer's Internal Affairs Department.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

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Customer: replied 5 years ago.

Even though I give him my driver license?

Thank you for your follow up.

That is correct. Unfortunately, when it comes to out of state motorists getting tickets in other states, it is often claimed that a driver license was lost or a fake driver license was given, in order to avoid being held responsible for a citation and that is why in some states the police officers have an option of insisting on taking a photograph and fingerprints to confirm the identity of the motorist in case of a future dispute.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated
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