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19MPH over HELLLPPP!!

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mtw723

Junior Member
What is the name of your state?What is the name of your state? Georgia

I was on my way to school and went down Pleasant Hill and turned on Peachtree Industrial for my first time on that end. There were no speed limit signs, I remembered that on the other end and anywhere else I had been on Peachtree Industrial the speed limit was 55MPH. So I figured the speed limit was 55MPH and went 60MPH then lost track of my speed (watching everyone tailgate me!) and got up to 64MPH. I had only been traveling down the road for half of a mile when a motor cycle cop walked out in the middle of the road with a radar gun and was pointing to the side of the road. He was standing about 400 feet behind the first speed limit sign reading 45MPH. He said I was doing 64MPH in a 45MPH zone. I told him I didn't know it was a 45MPH zone, I thought it was a 55MPH zone and that sign was the first speed limit sign I saw. He gave some speech about I should have known and negligence is BLA BLA BLA BLA BLA. I then asked him where the 45MPH zone started and ended. He told me it started at Pleasant Hill and ended at highway 120. This was an area that was not any more than a mile long!! I wasn't going to argue because it would have just made it worse. I knew this cop was a prick and wasn't going to drop it. So I signed the ticket and drove away. Even if I had seen the cop with the radar gun I would have only slowed down 4MPH because I didn't think I was speeding. I mean there were people tailgating me big time in the right lane, if had even tapped my brakes once they would have hit me. This made me think I was doing the speed limit. I told my mom what happened and she didn't believe my story that the road wasn't marked well, so she drove down it her self. SHE CAME HOME AFTER DRIVING DOWN IT AND AGREED; THE ROAD WAS NOT WELL MARKED!!!!!!
:mad:
Could someone please help me, I need help. What should I do? What should I plea? What should I say? What are my options? All of the above!!! I have absolutely no idea what to do!! My court date is: Feb. 3, 2005; I was cited by the Duluth Police. My fine is $202.50, it's not the fine I'm worried about it's my insurance. I can not afford for it to go up any more. I would rather pay the fine than the insurance to go up. But don't get me wrong I would rather not have the 3points on my record too.
 


JETX

Senior Member
mtw723 said:
He was standing about 400 feet behind the first speed limit sign reading 45MPH. He said I was doing 64MPH in a 45MPH zone. I told him I didn't know it was a 45MPH zone, I thought it was a 55MPH zone and that sign was the first speed limit sign I saw.
And of course, the CORRECT speed limit was 45 mph. Your 'assumption' of a higher speed is your fault.

Could someone please help me, I need help. What should I do? What should I plea? What should I say? What are my options? All of the above!!! I have absolutely no idea what to do!! My court date is: Feb. 3, 2005; I was cited by the Duluth Police. My fine is $202.50, it's not the fine I'm worried about it's my insurance. I can not afford for it to go up any more. I would rather pay the fine than the insurance to go up. But don't get me wrong I would rather not have the 3points on my record too.
Sorry, but you have provided NO defense to the charge.... and based on your post, there isn't any.
Pay the fee.... and learn from it.
 

lwpat

Senior Member
This seems to be a common revenue tactic in Georgia. You have several possible defenses but it just depends on how hard you want to fight the ticket.

It is doubtful that they will reduce it to a 14mph ticket that will not show on your record but I would try that first. The next tactic would be to videotape the route to show that the officer was stationed at the first speed limit sign.

They are required to be in plain sight and not within a certain distance of the first sign. The judge might dismiss based on the law but many will not unless you have an attorney.
 

mtw723

Junior Member
If I knew the speed limit!

Then quit speeding!
I would not have been speeding if I knew the speed limit!
I would have gone the speed limit, but I didn't know it.
I am not the type of person that speeds every day.
 

JETX

Senior Member
mtw723 said:
I would not have been speeding if I knew the speed limit!
Do you have a valid Georgia drivers license??
Did you pass the Georgia state drivers license exam??
Did you read the Georgia state drivers handbook??
If you had, you would have KNOWN the following from page 44 of the Georgia state drivers handbook:
"The speed limit for any business or residence district is 30 miles per hour
maximum unless otherwise posted.".... and NOT 64 mph!!!

In any case, you have provided NO defense for your traveling at 64mph, whether the speed limit was 55 mph, or 45 mph, or 30 mph!!
 
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mtw723

Junior Member
Okay

Okay you guys have posted some real enlightening points, and I agree with all of them. I can't argue with them. I was stupid. I have a question though.

Is there such thing as a First Offender plea? :confused:

If there is what is a First Offender plea? :confused:
 

nanaII

Member
I agree with this post..

lwpat said:
This seems to be a common revenue tactic in Georgia. You have several possible defenses but it just depends on how hard you want to fight the ticket.

It is doubtful that they will reduce it to a 14mph ticket that will not show on your record but I would try that first. The next tactic would be to videotape the route to show that the officer was stationed at the first speed limit sign.

They are required to be in plain sight and not within a certain distance of the first sign. The judge might dismiss based on the law but many will not unless you have an attorney.
I agree with this post. Do you have a video camera? I would have someone go with you. I would start taping from your house and follow the exact route to the point where you were stopped. I would take it to court with me as evidence.
 

mtw723

Junior Member
What Should

What should I plea? What would be the best plea?

Not Guilty?

No-Low?

First Offender?

Anything but Guilty.
 

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