At Phillips Carson Phillips, we’ve spent years studying how law enforcement conducts traffic stops in Savannah and throughout Georgia. We know exactly where officers go wrong, and we use those mistakes to protect your rights. Let us help you build a strong defense in a DWI case.
Your Rights During a Traffic Stop in Georgia
You have more power during a traffic stop than you think. Georgia law gives you specific protections that police must respect, even when they suspect you of DWI.
You can remain silent. One of the biggest traffic stop mistakes is talking too much and giving away information. You don’t have to answer questions about where you’ve been, whether you’ve been drinking, or where you’re going. Politely tell the officer you’re exercising your right to remain silent. Many people talk themselves into an arrest by trying to explain their way out of the situation.
You can refuse field sobriety tests. These roadside exercises are voluntary in Georgia. Officers won’t tell you this, but you have every right to decline. The tests are designed for failure, and your refusal cannot be used as evidence of guilt in court.
You can refuse a preliminary breath test at the roadside. This is different from the official breathalyzer at the station. The portable device officers use during traffic stops is notoriously unreliable, and you’re not required to blow into it.
Common Errors Police Make That Weaken DWI Cases
Police officers are human. They get tired, they rush through procedures, and they make assumptions. We’ve seen the same mistakes repeated in case after case.
Officers often fail to properly document the traffic stop. They write vague reports that don’t specify exactly what traffic violation they observed. “Weaving within the lane” or “driving erratically” doesn’t cut it when we push for specifics in court. We demand to know: How many times did the vehicle weave? Over what distance? Were there other explanations, like avoiding a pothole?
Many officers skip crucial steps in their training. They’re supposed to observe you for at least 15 minutes before administering a breath test to ensure you haven’t burped, vomited, or put anything in your mouth that could affect the results. We’ve won cases because officers rushed this observation period.
Illegal Search and Seizure Tactics We Challenge
The Fourth Amendment protects you from unreasonable searches. Police need either your consent, a warrant, or probable cause to search your vehicle. We’ve seen officers violate these rules constantly.
Officers sometimes search your vehicle after arresting you without proper justification. Just because you’re under arrest doesn’t give them carte blanche to tear apart your car. The search must be related to the arrest or necessary for officer safety. We’ve had evidence suppressed because officers searched areas of the vehicle that posed no threat and had no connection to DWI.
How We Expose Flawed Police Reports
Police reports are not objective documents. They’re written to support an arrest decision the officer has already made. We know how to read between the lines.
We look for missing information. What doesn’t the report mention? If the officer claims you failed field sobriety tests but doesn’t describe exactly how you failed, that’s a red flag. If the report doesn’t mention weather conditions, road conditions, or lighting, we know the officer is hiding something.
We compare the report to video evidence. Officers know their reports will be read by prosecutors and judges. They don’t always know their actions were recorded. When the video contradicts the report, we have powerful evidence of either incompetence or dishonesty.
When you’re facing illegal traffic stop DWI charges, the traffic stop is where your defense begins. Contact Phillips Carson Phillips today by calling (912) 232-0081 for a free consultation.