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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 111450
Experience:  Attorney with over 24 years of law and traffic law
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Looking /advice State of Georgia. I was pulled over this

Customer Question

Good morning,
Looking for help/advice for the State of Georgia.
I was pulled over this morning by GA state patrol and cited for "improper turn/improper lane change". As I was merging onto the highway, Once the gorge area had passed, I merged onto the highway (the onramp ends) and then approximately 100 yards later and checking for any oncoming traffic, I merged one further lane to the left to get around slow traffic. Immediately there was a cop on my bumper and I was pulled over. Mind you, I was not speeding and used my turn signals properly. The cop said that I changed lanes from the onramp lane to lane 3 in one movement and cut other vehicles off. This is completely untrue and not even close to what happened. He then also was pressing that I had either been drinking the night before or was on prescription drugs because "my eyes were watery". After telling him no to both more than once, he dropped that part. My question is, I want to subpoena any audio/video that may have been captured from his dash cam and fight this because he either a) Didn't have a good vantage point as to what actually took place. or b) completely lied on the ticket. I like to normally assume positive intent, but this guy was basically accusing (without accusing me) me of DUI from the night before so I'm skeptical. Any help on if I cam able to subpoena this information and how to go about it would be greatly appreciated!
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If there was dash cam video, the first thing you need to do is plead not guilty to the charge in court. Along with pleading not guilty, you need to send a letter to BOTH the prosecutor's office and to the police department informing them the date, the time and the officer's name or unit number and tell them that you believe there is dash cam video from your traffic stop, which is evidence in your case. Tell them you are asking for disclosure of the evidence as part of your right to inspect the evidence prior to trial. If the prosecutor or police do not make a copy of the video available to you, then your next step when you go to court you show the court the proof you sent the request to both the prosecutor and the police and you tell the court you would like to file a motion to compel production of the video. The court will order them to produce the video for inspection before any trial.

That is the process to get the video to review.