How to Fight a Speeding Ticket in Georgia State Courts
I would like, for the benefit of those who sincerely try, to give information on how to fight a speeding ticket in the state of Georgia. The world is beset by crime, and sometimes we may need law enforcement to act on our behalf. However, in the event that you do speed, unless you are endangering your life and the lives of others, it is NOT in your interest or our society to receive a speeding citation. There are some exceptions to this rule; For example, if you are speeding in a residential area where people are walking or speeding in a school zone when children try to cross the street. However, if you are on a big, wide interstate at 3 a.m. mph. Are you committing a heinous crime? Are you endangering your life or someone else’s? I honestly believe that law enforcement should be used in a proper area and that this has been exploited at times to take advantage of the good citizens of the US, creating an unnecessary tax to feed greedy bureaucrats in certain places. So, to free our citizens from such rampant abuse by those who are in place to “serve and protect” but are really just “take and hurt”, I want to let those brave enough to stand against this injustice about the tools that I have found to be beneficial in my goal of addressing such abusive practices.
I want to give something back to you who have the courage to fight your case. The preliminaries of my case were over when my eyes were opened to the knowledge I discovered and it was turning into an ominous jury trial. So I finally chickened out and paid it up. However, I got a reduced speed and fine in a plea deal. I also prevented the insurance company from being reported and avoided being classified as a “Super Speeder”. However, going forward I armed myself with this information so that if it ever happened again I would be more prepared and now my friend you will be too!
The state of Georgia is a very wrong place to get a speeding ticket. Many outsiders know it. There’s something typical about speeding through an old country town with the Rosco Beaco Train eager to catch you, so he can grab some more money to feed Boss Hog (that’s for all you Dukes of Hazzard fans out there). But as funny as it is, the setting is very real and a lot of people don’t laugh. Especially when it comes to their bank account and they worry about things like rent, food, clothes, etc. The typical ticket can cost more than $200. That’s for going 85 mph on a 65 mph on an interstate (whoever drives 65 mph, if you do, keep to the right). A lot of people pay this fine and say “ugh!” it’s over, is it? Not necessarily in the state of Georgia.
In addition to the points added to your license that can add up to a suspension (you don’t get any extra for these points), if your insurance company finds out in a DMV report, they can arbitrarily increase your rate (you’re riskier now, right? It is not like this)? So it definitely doesn’t end after you pay for it, especially if you were going over 20mph. That’s where this new Super Speeder law comes into effect.
What is the Super Speeder? Are you some kind of super speedy hero who has to fight slow moving villains? Not unless they’re in the fast lane. The only villain you are up against now is a new law. After you’ve paid your ticket and you think it’s all said and done, it can be a few months and then… WHAM! His success with another $200 fine from the DDS (Department of Driver Services). This is very annoying and many blogs from outsiders complain about it, as they comically thought they could just pay the fine and dance without anything else. The Super Speeder is sneaky, hitting your wallet in the form of a DDS bill several months later if you’re going over 20mph. Most courts don’t even tell you about it when you plead guilty or pay online with your credit card. If you don’t pay the deceptive ticket, well, you don’t want to drive legally. So, in effect, your ticket can cost around $200 to $300 and then several months later you get another $200 ticket in the mail. Can anyone imagine Chief Hog just enjoying a good, greasy southern-style fried chicken planning his next plan with Roscoe?
Then what do you do? Easy. You have to fight your speeding ticket. At least negotiate with the DA to get it down to less than 20 mph. If not, get ready. So let me see if I can remember some Georgia speeding ticket tips that can help you in your fight. Here are some rules that might help you.
1. There must be a warning signal from the officer using a radar or laser gun.
That’s right, they can’t use it anywhere. Surely you have seen them well, “The speed is checked by speed control devices”. Officers are also not allowed to use the device within 500 feet of the sign. If they are, they are in violation..
2. The officer cannot use the device above a certain slope or hill
This is how I would have fought mine. The officer has to be close to the same level as you. This is to prevent the officer from going undercover and shooting you, this brings up my third point.
3. The officer must be clearly visible.
What? This was a surprise to many. The goal of speeding checks is not supposed to be to “catch” you, but rather to slow down in areas that are considered a problem or could cause an accident or be dangerous. Most government agencies know that no one exceeds the speed limit, however, in certain places, traffic engineers found that there had to be a problem. This brings me to the next point.
4. There had to be a problem for the city/county/entity to get permission to use a radar or laser in that area.
If they didn’t get a permit, then their license to use a device could be questioned. Guest who licenses them? Georgia Department of Public Safety. Information on which areas they found to be a problem can be found through the Freedom of Information Act.
5. The Officer must have a POST license to use a radar or laser.
I wish I would have known that. This makes the officers necessary presence. 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 question it.
The only exception to any of this is the Georgia State Patrol. They have a bit more power and can fine you anywhere and anyway, however thankfully with that power they also have a bit more discretion and mercy. There are also other rules that apply to different places. What you need to check is the Georgia title 40 codes for speeding. This is where all these things are hidden. No one will tell you this, not even the public defender sometimes.
I would also try not to give up my jury duty so that I could at least have some leverage in the negotiation with the prosecution. Like I said before, they took him down and prevented him from going into the Super Speeder state. If he had known the information earlier, there is no telling what might have happened. Also try to have these things in a written motion filed with the clerk before the court date. That way, the judge is prepared for his appearance and can schedule a hearing to prove the evidence. Hope this helps you guys and hey slow down