I would like, for the benefit of those who are sincerely trying, to give information on how to fight a speeding ticket in the state of Georgia. The world is beset by crime and sometimes we actually may need law enforcement to act on our behalf. However in the case where you are speeding, unless you are endangering your life and others it is NOT in your best interest our society's best interest to receive a speeding citation. There are a few exceptions to this rule; for example if you are speeding in a residential area where people are walking or speeding through a school zone when kids are attempting to cross the street. However, if you're on a big wide interstate at 3AM in the morning, with little to no other cars on the road and you're traveling in a 2015 vehicle of your choice, it's easy, comfortable and safe to be traveling at 90 mph. Are you committing a heinous crime? Are you endangering your life or someone else's? I sincerely believe that law enforcement should be for used in a proper area and that this has been exploited sometimes to prey on good citizens of the U-S-A, making an unnecessary tax to feed the greedy bureaucrats of certain locales. So, to free our citizens from such rampant abuse by those who are in place to "serve and protect" but in reality are only "taking and hurting" I want to inform those courageous enough to stand against this injustice for tools I have found to be beneficial in my aim to stand up against such abusive practices.
I want to give back something to you out there having enough courage to fight your case. The preliminaries of my case was over by the time my eyes were open to the knowledge that I discovered and it was boiling down to a ominous jury trial. So I eventually wimped out and paid it. However I did get the speed and fine lowered in a deal with the prosecution. I also avoided getting it reported to the insurance company and avoided myself being classified as a "Super Speeder." However, in the future I did arm myself with this information so that if it ever happen again, I would be more ready and now my friend, you will be ready as well!
The State of Georgia is a very wrong place to get a speeding ticket. A lot of out of towners know this. There is something typical about speeding down an old country town with Rosco Beaco Train just itching to get you, so he can take some more money to feed Boss Hog (that's for all you Dukes of Hazzard fans). But as comical as it is, the scenario is very real and a lot of people are not laughing. Especially when it hits their bank account and they're worrying about such things as rent, food, clothing, etc. The typical ticket can cost over $200. That's for going 85 mph in a 65 mph on an interstate (who drives 65 mph, if you do, please stay to the right). Many people pay this fine and say "whew!" it's over with. Is it? Not necessarily in the state of Georgia.
In addition to points added on your license that can add up to a suspension (You don't get any thing extras for these points), if your insurance company get's wind of it on a DMV report, they can arbitrarily raise your rate (you are more of a risk now aren't you)? So it's definitely not over after you pay it, especially if you were going over 20 mph. That's where this new Super Speeder law comes into affect.
What is the Super Speeder? Are you some sort of super speeder hero who has to fight off slow moving villains? No, unless they are in the fast lane. The only villain you are now facing is a new law. After you've paid your fine and you think all is said and done with, a few months may passed and then... WHAM! Your hit with another $200 fine from the DDS (Department of Driver Services). This is very upsetting and many blogs from out of towners are complaining about it as they comically thought that they could just pay the fine and dance right out of any thing else. The Super Speeder is sneaky, as it hits your wallet in the form of a bill from the DDS several months later if you were found going over an excess of 20mph. Most courts don't even tell you about it when you cop a guilty plea or pay online with your credit card. If you don't pay the sneaky snakeoil fine, well, you don't want to legally drive. So in affect, your ticket can be around $200 to $300 and then several months later you get another $200 ticket in the mail. Can anybody see boss hog just enjoying some southern style, good and greasy fried chicken planning his next scheme with Roscoe?
So, what do you do? Simple. You have to fight your speeding a ticket. At least negotiate with the prosecution to get it lowered below 20mph. If not, prepare. So let me see if I can recall a few pointers about speeding tickets in Georgia that may help you in your fight. These are a few rules that could help you.
1. There must be a sign warning of the officer using a radar gun or laser.
That's right, they can't use it anywhere. I'm sure you've seen them right, "Speed is checked by speed monitoring devices." Officers also cannot use the device within 500 feet of the sign. If they are, they are in violation.
2. The officer cannot used the device above a certain gradient or hill
So this is how I would've fought mine. The officer has to be close to the same level as you. This is to prevent the officer from hiding in a clandestine manner and sniping you, this brings up my 3rd point.
3. The officer must be clearly visible.
What? This one was a surprised to many. The point of them checking speeding is not suppose to be to "catch" you but to slow you down in areas that are deemed a problem or could cause an accident or dangerous. Most government agencies know that no one goes the speed limit however in certain places, found by traffic engineers a problem had to exist. This brings me to the next point.
4. A problem had to exist for the city, county, or entity to get permission to use a radar or laser in that area.
If they didn't get a permission, then their license to use a device could be brought into question. Guest who license's them? Georgia Department of Public Safety. The information of which areas they found to be a problem can be found via the Freedom of Information Act.
5. The Officer must have a POST license to use a radar or laser.
I wish I had of known that. This makes the officers presence necessary. Most prosecutions don't even check and don't want to. They usually have other things high on their priority list. However YOU have to bring it into question.
The only exception to some of this is the Georgia State Patrol. They have a little more power and can ticket you anywhere and anyhow, however fortunately with that power they also have a little bit more discretion and mercy. There are other rules that apply to different locales as well. What you have to check is Georgia title 40 codes for speeding. This is where all this stuff is hidden. No one will tell you this, not even the public defender sometimes.
I would also try not to waive my jury right so I can at least have some leverage in bargaining with the prosecution. Like I said before, they did lower it and kept me from getting into Super Speeder status. If I had known the information before, there is no telling what could've transpired. Also try to have these things in a written motion filed with the clerk before your court date. That way, the judge is prepared for your appearance and may schedule a hearing to try the evidence. I hope this helps you guys and hey, slow down
Source by Demelash Mekuria