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  #1  
Old 11-13-2005, 12:26 AM
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30 Over speedlimit, under 21. In college, PLEASE HELP

What is the name of your state? Georgia (Ticket in Dekalb County)

I was dirving on I-85 and a cop got me on "laser/lidar" doing 30 over the speed limit. I did not argue with her, just presented my proof of insurance, and my license. Going 24 to 34 miles per hour over the speed limit is a 4 point offense, and a 4 point offense in georgia will get your license suspended for 6 months.

I have looked up some information about how to get it dismissed but most of what i have found dealt with "radar" and and "laser". if anyone could help me with information on things that are required by law to be uptodate or to have in order for the laser reading to be valid i would appreciate. also if anyone can advise me on how to proceed/what to do about this ticket in general would be most appreciated, as I cannot just "pay this off" as ill loose my license. I do not know what to do or how to proceed quite honestly, but plan on going to the county recorders office on monday and getting advice/requesting information.

any help at all would be appreciated.
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  #2  
Old 11-13-2005, 12:51 AM
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found this

Ok i found this:
[url]http://www.tipmra.com/kgb/WEB/general/Georgia_Special.htm[/url]

If the officer did not test the equipment after the arrest: " Your Honor, Georgia Code 40-14-5 requires any speed measuring unit to be tested before and after the arrest. Failure to do so mandates an acquittal. Defendant motions for Acquittal."

now im not sure if im reading this ticket right but it says
"calibration/check: 0700". if im reading it right i take it as saying this was last checked/calibrated at 7:00am. I got my tickets @ 12:45pm. according to the law above she should have tested the equiptment before my ticket & after, if not this gets acquitted. am i correct or incorrect in this?
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  #3  
Old 11-13-2005, 03:26 AM
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It won't be that easy, it says for each duty tour which means at the begining and end of the shift.

40-14-5.
(a) Each state, county, municipal, or campus law enforcement officer using a radar device shall test the device for accuracy and record and maintain the results of the test at the beginning and end of each duty tour. Each such test shall be made in accordance with the manufacturer´s recommended procedure.

Do a search here on Georgia to see what others have experienced. If I recall correctly, the court in that county shows little mercy for 90+ even with a lawyer.

Spend a morning in traffic court to see what you are in for.
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  #4  
Old 11-13-2005, 03:45 AM
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Quote:
Originally Posted by Robbie0723
If I recall correctly, the court in that county shows little mercy for 90+ even with a lawyer.

Spend a morning in traffic court to see what you are in for.
i was actually doing 85 in a 55. 30 miles over the speedlimit, so it wasnt 90+.
i plan on going to traffic court to see what im in for, but since its rotating judges on the bench i cant really be sure if ill have the same judge since my trial date is set for december 14th.

and little mercy isnt an option for me. i either have to get this dismissed, aquitted, lowered to a lesser charge, or worse case plead nolo contender.

i CANNOT have my license suspended, or i cannot goto college.
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  #5  
Old 11-13-2005, 05:44 AM
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Send a message via AIM to trisk
Quote:
Originally Posted by pluged
i was actually doing 85 in a 55. 30 miles over the speedlimit, so it wasnt 90+.
i plan on going to traffic court to see what im in for, but since its rotating judges on the bench i cant really be sure if ill have the same judge since my trial date is set for december 14th.

and little mercy isnt an option for me. i either have to get this dismissed, aquitted, lowered to a lesser charge, or worse case plead nolo contender.

i CANNOT have my license suspended, or i cannot goto college.
Then DO NOT speed?
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  #6  
Old 11-13-2005, 10:44 AM
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i agree with trisk. live and learn. next time do the speed limit.
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  #7  
Old 11-13-2005, 02:31 PM
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Quote:
Originally Posted by thepenster060
i agree with trisk. live and learn. next time do the speed limit.
i have learned, i intend to follow the speed limits now. but, whats done is done & now i have to find a way/figure out a way to beat this, or get it lowered.

though i do have some time before my court date, if i cant find a way to get this dismissed or aquitted ... then i plan on taking that driving course thing that your allowed to do in georgia every 5 years. in which case, unless im mistaken (very possible) then ill just have to pay the penalty and it will not go on my record(point wise) so my insurance company cant go haywire either.
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  #8  
Old 11-13-2005, 03:41 PM
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was this your first moving violation?
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  #9  
Old 11-13-2005, 03:41 PM
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Yeah, you follow the speed limit now, but for how long? Maybe a hefty fine and loss of driving PRIVELEDGES will really reinforce the consequences for wrong actions, ie. speeding. I know one thing for sure, unless the lesson is learned the hard way for most people, the lesson is not really learned and you are doomed to repeat the mistake. Perhaps walking will encourage you to slow down, once you get your license back.
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  #10  
Old 11-13-2005, 05:53 PM
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Don't sweat it, Kid. You can still go to college without a drivers license. You can even still drive. Your not supposed to without a license, but there is a big difference between CANT and NOT SUPPOSED TO.

Bang.
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  #11  
Old 11-13-2005, 10:10 PM
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If you are willing to pay lesser fine, you may get lucky with prosecutor who will drop the charge to a 2 point violation.

If not, try to use all of the defense strategies you can (discovery, etc.) outlined in tipmra and any other websites. Maybe the lidar unit would not be calibrated within 1 year, or not tested after the shift, who knows.

It's not going to be easy, but good luck. Pray the officer would not show up that day. If you loose, there is always an appeal.
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  #12  
Old 11-13-2005, 10:15 PM
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dumb

Quote:
Originally Posted by liquid8or
You can even still drive. Your not supposed to without a license, but there is a big difference between CANT and NOT SUPPOSED TO.
Bang.
You couldn't give a dumber advice. Well maybe "load up on some vodka while you do it" is even better
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  #13  
Old 11-13-2005, 11:19 PM
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Who the hell say's that you can't drive without a license?

He CAN, it's just not a good idea. This guy is worried that he CAN'T go to college if he can't drive.

Ya know, you had a great idea. Let's all load up on some vodka. Breezes 'shine would be better. It might loosen everyone up a little. Bunch of tight a**es ya'all are.

Can't vs. Not supposed to. Big difference.

I CAN'T keep from going nuts at you liberal morons.

I AM, NOT SUPPOSED to infringe on your rights to free speach.

Go hire a lawyer and ask for an explaination......

Bang at YOU**************......
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  #14  
Old 11-14-2005, 12:03 AM
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Quote:
Originally Posted by thepenster060
was this your first moving violation?
this is my first speeding violation/ticket. 22 months ago i got a ticket for "running a red light"(dont jump down my throat, it was yellow on the turn, but turned red halfway through and cops word against mine so didnt fight it), not sure if that counts as a moving violation.
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  #15  
Old 11-14-2005, 12:33 AM
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Quote:
Originally Posted by liquid8or
Who the hell say's that you can't drive without a license?

He CAN, it's just not a good idea. This guy is worried that he CAN'T go to college if he can't drive.

Ya know, you had a great idea. Let's all load up on some vodka. Breezes 'shine would be better. It might loosen everyone up a little. Bunch of tight a**es ya'all are.

Can't vs. Not supposed to. Big difference.

I CAN'T keep from going nuts at you liberal morons.

I AM, NOT SUPPOSED to infringe on your rights to free speach.

Go hire a lawyer and ask for an explaination......

Bang at YOU**************......
you're right... Let's take it a bit farther...

There is a "big difference" between "can't" murder someone, and "not supposed to" murder someone...


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