Atlanta Traffic Ticket Lawyer

You’re driving to a destination when suddenly, you see blue lights in your rearview mirror. You pull over and the police officer seems to have an attitude, which upsets you. Or, perhaps you’re having a bad day and getting pulled over is the last straw. Either way, you swear at the officer during the interaction? Can you be arrested for it?

Technically, No

The First Amendment to the Constitution protects free speech. You cannot be arrested or charged based on what you say alone, except in instances of criminal threats. This includes swearing. If you’re pulled over and ticketed for speeding and swear at the officer, the officer cannot make an arrest simply for what you say.

When Swearing Gets You Arrested

While officers cannot arrest you just for swearing at them, swearing at them will naturally provoke and aggravate them. If you’re in your vehicle, the officer may decide it’s appropriate to begin investigating if you’re driving while intoxicated. Failed field sobriety tests, although not accurate, can lead to a DUI arrest.

If you swear at the officer while being arrested, the officer may also charge you with resisting arrest. So swearing at an officer itself is not a crime, however, it can lead to an arrest by provoking an officer to act in a way they might not have if you had simply kept a level head and responded to the officer appropriately.

How to Act When Being Pulled Over

Knowing how to act when you’re pulled over or what to say can be challenging when adrenaline is running high. However, remaining as cool and collected as possible and being respectful to the police officer — even if they are being disrespectful to you — can help avoid escalating the situation.

If you receive a traffic ticket from the stop, your best option is to fight it. The Kimbrel Law Firm works specifically with individuals who are facing traffic tickets that would mar their driving record, cause their insurance rates to rise, or even cause them to lose their license. We can help you defend yourself against a traffic ticket using the wide variety of resources and skills that we’ve come to obtain over the years.

Contact us for a consultation to discuss your ticket and if you were arrested, we can help. Call now at 770-349-9219.

Being pulled over is a frightening experience for anyone, whether it’s your first or fifteenth time. No one wants to see those blue and red flashing lights behind them. It’s enough to make you anxious and cause your blood pressure to rise. How you handle yourself after being pulled over can make a significant difference in the outcome, no matter what the alleged offense. Here’s what to do and what not to do when a police officer stops your vehicle.

Don’t Throw Anything Out the Window

During the time when the police officer turns his lights on and you come to a stop, don’t throw anything out the window. Officers are taught to look for this. They will automatically assume you threw away something illegal, even if it was just a cigarette.

Keep Your Hands In View at All Times

When the police officer approaches your vehicle, keep your hands on the steering wheel. Always allow the police officer to see your hands. When asked for your license and registration, inform the officer of its location and ask permission to obtain it. Do not reach into the glove compartment or into your purse without first letting the officer know what you’re doing.

Don’t Admit to Anything

The police officer will likely have many questions for you. You must, by law, answer questions to identify yourself. You do not need to tell the officer where you were coming from or where you are going. Simply say “no comment.” If you are asked the common question, “Were you aware that you were speeding,” do not answer “yes” or “no.” Both answers can be used against you. Again, a “no comment” answer will suffice.

Never Resist an Officer

You can decline a search of your vehicle, but if the officer decides to search anyway, you cannot stop them. You also cannot resist an officer if they arrest you. Even if you are being searched or arrested, be as polite as possible to the police officer, say as little as possible, and contact an attorney as soon as possible.

At the Kimbrel Law Firm, we have experience helping individuals who have been issued tickets in Atlanta protect their rights and their driving record. You don’t have to just pay a ticket if you get one — you can argue against it and we can assist you. Call today for a consultation at 770-349-9219.

idp1-700x357Can you legally drive in GA with only a driver’s license from another country? Every year thousands of people from other countries come to GA to attend schools, work, or visit. Many of them are here on visas and do not intend to become residents of GA. Fortunately, GA recognizes driver’s licenses from other countries (with certain limitations).For foreign drivers to be able to legally drive in GA, the license from their home country must be unexpired. If the foreign license is in a language other than English, the foreign driver must have an International Driver’s Permit (IDP) on their person while driving along with their foreign country driver’s license. A foreign driver can drive with a foreign driver’s license plus an IDP if necessary for up to one year in GA, unless the foreigner intends to become a GA resident. If the foreigner will be staying in GA longer than one year, then they should apply for a GA driver’s license at the Department of Driver Services (DDS).Sometimes foreigners who are in GA for less than one year will apply for a GA driver’s license even if they don’t need to. I have seen many instances of DDS mistakenly issuing a Class CP license (or learner’s permit) to a foreign driver instead of a Class C license. Learner’s permits have been mistakenly given to foreign drivers even after they passed their written and road tests. This may be due to a language barrier or human error. The foreign driver is at risk of receiving a ticket for driving with a learner’s permit (O.C.G.A. §40-5-24) if this were to happen. The penalties of driving on a learner’s permit can be harsh and can include steep fines and license suspension.If you received a ticket for “driving without a license” or for “driving on a learner’s permit”, please give The Kimbrel Law Firm, LLC a call today. We may be able to help you beat the charges.If you are a GA resident and need to obtain an IDPt to drive in another country, you can obtain one through AAA. If you are from another country and need to obtain an IDP, please contact the motor vehicle department of the country that issued your driver’s license.


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