GA - Judicial Notice of Moving Radar

What is the name of your state? GA

Does anyone know whether the courts of Georgia have taken Judicial Notice that moving radar is accurate to the legal degree of certainty necessary for a conviction of a speeding offense? I am unable to find the case or any administrative law that addresses this.

I have a friend who has run radar in GA for years, so I imagine that its been argued before. He talks about always winning ... so I would assume the courts have taken adequate notice.

Carl

CdwJava said:

I have a friend who has run radar in GA for years, so I imagine that its been argued before. He talks about always winning ... so I would assume the courts have taken adequate notice.

Carl

Click to expand...

Cool. Thanks for the heads up. Does anyone know of the citation? It's not a matter of arugment. At some point scentific proof must be given for a practice. The GA supreme court in 1999 sided against laser cuz of these issues. I'm wondering about moving radar in GA.

Actually, I've been told that the GA legislature created a statute allowing for Lidar (laser) use for speed enforcement because of that court decision.

40-14-17.

Evidence of speed based on a speed detection device using the speed timing principle of laser which is of a model that has been approved by the Department of Public Safety shall be considered scientifically acceptable and reliable as a speed detection device and shall be admissible for all purposes in any court, judicial, or administrative proceedings in this state. A certified copy of the Department of Public Safety list of approved models of such laser devices shall be self-authenticating and shall be admissible for all purposes in any court, judicial, or administrative proceedings in this state.

So apparently the lasers are good for speed.

I'm checking on the moving radar issue.

Carl

According to my friend in GA law enforcement, the moving radar is valid also. Though he does not know a specific case securing its place, he did provide this summary sheet he made a couple years ago ... and he admits that there MAY have been some changes:

This is a cheat-sheet of Georgia's speed and radar laws that I made up a couple of years back. There may be a couple of changes that have beeen made since then.

40-6-180 No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. ...

40-6-181 Per Se Speed Limits 30-Residential Areas 35-Unpaved Roads 70-Outside Large Cities on controlled access highways 65-Insdie Large Cities on highways and interstates 65-On divided non-controlled access highways 55-All other locations Or as signs direct.

40-6-183 Local governments can set speed limits based on engineering studies. Speed limits can't change more than 6 times in one mile. Speed limits can't be reduced by more than 10 mph by one sign unless it's a school zone.

40-6-184 Drivers can't impede the normal flow of traffic. Drivers can't drive in the left lane at less than the speed limit when someone is trying to overtake them. Local authorities can establish minimum speed limits.

40-6-187 Every citation for a speed violation must include a speed that the defendant is alleged to have driven.

40-6-188 DOT or local authorities may temporarily change speed limits in construction zones.

40-6-390 Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving. This includes driving in excess of 30 mph over the speed limit.

40-14-2 In order for an agency to use speed detection devices: The governing authority must have authorization by DPS Can't pay officer on a fee system Must provide 24/7 law enforcement services or only full time officers may operate speed detection devices. Officers must certified peace officers employed by the governing authority that holds the permit. Officer operating speed detection devices must be certified peace officers and certified operators of speed detection devices.

40-14-3 The permit will list each road and the speed limit that will be enforced

40-14-4 * Agencies must possess a FCC license (A DPS permit is presumptive evidence of an FCC License. NARION v. STATE 215 Ga. App. 76 - 1994). A technician must calibrate each device annually.

40-14-5 * Each device must be checked for accuracy at the beginning and end of each shift. Officers must inform each violator that they have right to request the officer to test the radar device for accuracy. Officer must perform the test if requested.

40-14-6 Signs warring of speed detection devices must mark the entry points of each jurisdiction. Speed detection devices shall not be used within 500 feet of the warning signs and speed limit signs. · This means the device must not be within 500 feet. Officers can shoot radar into the 500-foot zone. STATE v. VICKERY 184 Ga. App. 468 (1987).

40-14-7 Local officers cannot operate speed detection devices in STATIONARY mode unless their vehicle is visible for 500 feet.

40-14-8 Citations based on speed detection devices must be for more than 10 mph over the speed limit unless it is a school zone, during school hours, a residential area, unless it's a 35mph zone, or a historical district.

40-14-9 City or county officers, inside of a city, cannot use speed detection devices within 300 feet of a reduced speed zone. City or county officers, outside of a city, cannot use speed detection devices within 600 feet of a reduced speed zone. No officer* may enforce a reduced speed limit within 30 days of a change with a speed detection device. Local officers may not use speed detection devices on a 7% or greater grade.

40-14-10 It is a misdemeanor for speed detection devices to be used without a permit or while the permit is suspended or revoked.

40-14-11 Speed detection permits may be revoked if the devices are not used for purposes other than the promotion of the public health, welfare, and safety or in a manner which violates this chapter or violates its speed detection device permit. There is a rebuttable presumption that the agency is not using speed detection devices for public safety, et al, if they generate more than 40% of their budget with tickets that are for less than 17 mph in excess of the speed limit.

40-14-16 No speeding violation (not just radar) for less than 10 mph over the speed limit can be used to suspend a driver's license for points.

40-14-17 LIDAR is reliable.

* = Applies to state agencies.

Hope this might help.

Carl

Thank you. That's a excellent summary of the relavent code. I'm just wondering how they jive the 500 feet requirement, etc. with moving radar. My research has turned up no relavent code. I'm wondering if the courts have ever taken Judicial Notice of moving radar.

Thanks for the code cite on the laser...I knew they took action after that '99 ga sup ct. decision...I think also they obviously had to take Judicial Notice regardless of a legislative act.

I'm wondering what, if anything, has been done on moving radar. The same issues are at play. I understand this is a new practice and I'm wondering if this could be an evolving area of law that might end up in the ga sup ct again. How do they reconcile all the policy considerations for signs at the boarders of jurisdictions and 500 ft requirements with this new moving radar. I was under the impression this technology is somewhat suspect.

If anybody has looked into this evolving area of law in GA, i'd appreciate any understanding you have. Again thanks for the code cites, those are some I hadn't pulled together.

How to prove officer was visible less than 500 ft. from me..

I am not an attorney..Recently received a ticket on a rural GA interstate. The median was heavily wooded and I did not see the officer (I was in the passing lane) until I was DIRECTLY in front of him due to the angle of his parked position within those woods. In addition, I was not offered the opportunity to have the officer (GA state trooper) test his radar for accuracy. Are these points I can use in my defense?

The 500 visibility rule only applies to local officers, not the state patrol.

With regards to the testing of the radar it will be entirely up to the judge. My guess is that it will not work.

If you are from GA they do not enter 14mph over tickets on your record. Your best bet may be to try to negotiate for that violation.