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I was pulled over in Gwinnett County for passing on a double yellow line because the car in front of me had his emergency flashers on and was going very slowly. Another vehcile also made the pass and we were both pulled over. The information on my ticket has my license plate number but the make, style, color and year of the other behicle. Can I fight this ticket because of the incorrect information?


Answer  answered 7 Jun 2010 - 713 days ago

The Georgia Law prohibits passing when a roadway is marked with double yellow lines. Pleading guilty to this type of volation would result in some "points" being assessed on your DMV record. Your question is an interesting one. The Appeals courts have held in past decsions that incorrectly entering information (such as make, model, year and color of a vehicle), is not enough to stop the State from successfully prosecuting you. They merely have to "put you on notice" of the charges against you. This is often accomplished by getting your name correct and stating the charge against your accurately... Mind you, there may be some other successful defenses in your case that you should consider after consulting with a lawyer. Alternatively, talking to the prosecutor will often result in a fair compromise. They might suggest that in exchange for attending a defensive driving school, they would dismiss the charges. If that's not an option, try pleading "Nolo" to the charge, This would result in no points on your record.  




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