What legal options exist when criminal citations result from selective enforcement in Georgia?
A defendant can ask for dismissal on equal protection grounds, but the standard is demanding. Under Wayte v. United States (1985) and United States v. Armstrong (1996), the person must show discriminatory effect, meaning similarly situated people weren’t charged, and discriminatory purpose. Georgia courts apply a similar test.
Evidence. Stop and citation data, officer history, and comparable cases. Armstrong requires “some evidence” before a court orders discovery on the prosecution’s decisions. A request under the Georgia Open Records Act, O.C.G.A. § 50-18-70, can get department data earlier.
What’s protected. Enforcement can’t rest on race, religion, or another arbitrary standard. Simply being one of several violators, or the only one caught, isn’t enough. Prosecutors have broad discretion. Exercising a First Amendment right, such as protest, may be a reason a selective enforcement claim is stronger.
Other routes that may work better.
| Route | Basis |
|---|---|
| Lawfulness of the stop | Motion under § 17-5-30 |
| Video review | Report contradictions |
| Vagueness | Local ordinance's text, as applied |
| Negotiation | Show the pattern to the prosecutor |
| Civil suit | 42 U.S.C. § 1983 |
| Complaint | Agency and Georgia POST |
Timing. The motion belongs before trial, under § 17-7-110’s period if it applies. A city or magistrate citation may need faster action, with a first court date quickly approaching. A person shouldn’t pay a citation before a lawyer has a look, because payment may be treated as a plea and an admission, in some courts.
Selective enforcement motions face a high bar, but the information can help elsewhere.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.