$700 ticket???

[andrea0727]

What is the name of your state?GA have received a traffic citation #40-6-16-A-1 Procedure for passing emergency vehicle. When I called I was told it is $700.00. What can I do?

It was on I-75 going south near Adel, GA at 320am cop was sitting inside of his vehicle on the shoulder of the road with blue lights on with no one stopped or anyone around, he said I was suppsed to get in the other lane while passing him. ?$700?

[keith.e]

That's pretty weak to get a $700 ticket, especially in the situation you described. Were you even going at a dangerous speed?

[andrea0727]

Speed limit was 70 I had it on cruise at 73 my child was properly restrained in the car seat and we all had our seat belts on. I wasn't mean or disrespectful and had all the documentation he requested

[tipdrill]

Thats the law here in Georgia folks! Move over whenever someone is on the shoulder, especially for law enforcement.

[dkpd73]

You are guilty, but the fine seems high. Are there court costs added on or were you in a construction zone (doubled fines?).

Move-Over-Law: Georgia Code, Title 40-6-16.
a. The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, or blue lights shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
1. Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or
2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
b. The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a peace officer, proceed as follows:
1. Make a lane change into a lane not adjacent to the towing, recovery, or highway maintenance vehicle if possible in the existing safety and traffic conditions; or
2. If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
c . Violation of subsection (a) or (b) of this Code section shall be punished by a fine of $500.00.

[andrea0727]

No construction or court costs I am not asked or required to go to court for this fine. The only way I could even go to court is to hand write a request to have a court hearing and then wait for a response.

[lwpat]

The only way I could even go to court is to hand write a request to have a court hearing and then wait for a response.

This is called entering a not guilty plea and you also have the option of requesting a jury trial. If you go this route send it CRRR and be sure to keep a copy.

You can show up on your court date listed on the ticket and the judge will likely reduce the fine. This is now the law in almost all states. We recently had a trooper killed and it just makes good sense to slow down and move over. Some states have been running "stings". Florida especially and now it sounds like the same in Georgia.

[andrea0727]

What is CRRR? I'm not sure what to do because the law is the law but at the same time I know I can't come up with $700 in 45 days and if I ask for a court date that will say that I'm pleading not guilty which evidently I am plus I have no idea how much that costs or if the judge will increase the fine by me requesting a hearing. I have never been to court before.

[MagicKristian]

Andrea, I'm in CA, and unfamiliar with your specific laws, but am not surprised to learn from the other person here the specific statute relating to stopped emergency vehicles. I usually drive too slow anyway, and automatically move over if I can, either around stopped vehicles, or towards the shoulder to let tailgaters pass. As far as going to court, which I've had to do several times over the years, including right now, some basic advice I can offer is that, unless you take the time to become VERY familiar with how to fight a charge in court, you will almost certainly lose. Sorry to have to say that, but I think most every other veteran here will agree. This is not to completely discourage you, but to be realistic, since the procedures are set in stone, and neophytes can rarely ever come up to speed in time to have a fighting chance. Even so, there are many resources out there to help you better prepare yourself if you choose to, including a live attorney, which the court should appoint for you if you lack the means (even in GA!). Frankly, tho', there is little point fighting a ticket if you are basically guilty, unless there was some major screw-up on the officer's part, or serious reason for you having to commit the error. Check out lawcollective.org for excellent help on dealing with police and the court.

The good news, on the other hand, is that judges generally DO respect people who appear in court, and are respectful, even if they're pleading guilty. Given what you described, there appears to be no way out of your "guilt," but you can plead "mitigating circumstances," which judges will usually always take into account, as long as they aren't far-fetched. This means that you admit making a mistake, but not through intention, or carelessness, but ignorance, and that your driving was safe and lawful in every other respect. You can also admit that you are willing to pay the fine for your unintentional error, but request that it be "mitigated" due to your financial circumstances, as well. I have had judges respond favorably to me, and have seen it with others, too, a number of times, with fines being reduced or dropped altogether -- but don't assume that WILL happen. Here in CA, the court will usually allow you to make payments on the fine instead of demanding it all at once (with a set-up fee included, of course!). Not sure if that is the case in GA, but I imagine it probably is. I wish I had more sunshine to offer, but I'm afraid that's about it. Keep in mind cops and judges always consider the "deterrence factor" in assessing penalties. If it's steep enough to hurt, you will definitely NOT want to make the same mistake again, and you'll also undoubtedly tell many of your associates about it, and deter them, as well... C'est la guerre...

Cheers, MK

[andrea0727]

Any one else with ideas or options

[carrollton51]

CRRR = Certified Return Receipt Requested ( I think ) That way you have proof that it was received I cannot believe the amount of that fine. Are you sure they did not say UP TO 700 dollars?

[andrea0727]

positive it is a flat $700

[keith.e]

Originally Posted by andrea0727

positive it is a flat $700

The fine in my county in Texas for the same offense is $259. That fine you got is just wow.... especially considering your circumstances. I'm positive that if you explain your situation in court your fine will be reduced significantly. I'd do what that one fellow above me said. Also, if you don't want to do the legwork all by yourself, you should consider a lawyer.

[andrea0727]

I talked with the courts and they dont even offer payments, probation, or community service and if I go to court I have to pay the fine then. ?????

[carrollton51]

No payment arrangements possible? I dont buy it. You talked to the wrong person.