JenniferATL
Junior Member
undefinedWhat is the name of your state? GA
I have to go to AtlantaTraffic Court this Monday 10-24-05 for an HOV violation ticket. I thought I was prepared, but now I’m scarred because of some things I’ve been told by a few casual acquaintances. I'd like to hear what to expect in court, since this is my first ticket in Ga (first in 12+ years
) I’ve been told that if I plead innocent I’ll have to post a bond and schedule a second trial just to explain what happened, and then at the second trial I can expect the judge to tell me ignorance is no excuss and I’ll have to pay the ticket plus court costs and that they will still hang onto the bond money. Is this story bologna? Same person said I should plead nolo rather than not quilty...what should I do?
The ticket was for entering the HOV lane to get on I-75 north from Northside Drive (a well know trap that everyone but me seemed to know about after I brought it up). I was going northbound on I-75 and got off at Northside Drive by mistake and took the only on ramp I saw on the north side of the overpass. Unfortunately, as it turns out the only legal way to go north from this exit is a northbound loop that you enter on the west side of Northside (it curves inside the same off ramp I took getting off of 75).
There was no sign marking this on ramp as HOV only, and once I turned in and saw the cops I was past the point of no return and trapped. The officer did ask what direction I came from, and conceded there was a direction you could come from where you wouldn’t see any signs. However, he pretended that he did not understand my explanation of my route and stated it made no sense. He suggested I revisit the intersection to get my story straight and go to court.
I took pictures of the intersection, and thought I would be ready for my court date; most people I have spoken with think that the ticket is invalid if there is no sign. However, I’ve spoken with an individual who’s gone to court more recently and he said things have changed, and that they are really tough at the Atlanta Traffic Court now. He said that all they would do is ask me if I’m guilty or innocent and not even listen to the circumstances. He also said that if I claim innocence I’ll have to come for a second court date, and that they will say that it doesn’t matter that there wasn’t proper signage, that ignorance is no excuse.
Do you know the procedure? Is it valid to plead not guilty if there was not proper signage? Am I am considered guilty by the mere fact that I ended up in the HOV (i.e. I did not consciously choose to break the law)?
Any advice? I had originally planned to say not guilty and explain that I was going north on 75, took the wrong exit (if the judge asks I will explain that I was looking for Northside Parkway, not Northside Drive), thus need to get back on the highway, and that northbound on-ramp was the only way I saw to get back on the highway, and that there was no sign warning that it is an HOV lane.
Thanks,
Worried in Atlanta
I have to go to AtlantaTraffic Court this Monday 10-24-05 for an HOV violation ticket. I thought I was prepared, but now I’m scarred because of some things I’ve been told by a few casual acquaintances. I'd like to hear what to expect in court, since this is my first ticket in Ga (first in 12+ years
) I’ve been told that if I plead innocent I’ll have to post a bond and schedule a second trial just to explain what happened, and then at the second trial I can expect the judge to tell me ignorance is no excuss and I’ll have to pay the ticket plus court costs and that they will still hang onto the bond money. Is this story bologna? Same person said I should plead nolo rather than not quilty...what should I do?The ticket was for entering the HOV lane to get on I-75 north from Northside Drive (a well know trap that everyone but me seemed to know about after I brought it up). I was going northbound on I-75 and got off at Northside Drive by mistake and took the only on ramp I saw on the north side of the overpass. Unfortunately, as it turns out the only legal way to go north from this exit is a northbound loop that you enter on the west side of Northside (it curves inside the same off ramp I took getting off of 75).
There was no sign marking this on ramp as HOV only, and once I turned in and saw the cops I was past the point of no return and trapped. The officer did ask what direction I came from, and conceded there was a direction you could come from where you wouldn’t see any signs. However, he pretended that he did not understand my explanation of my route and stated it made no sense. He suggested I revisit the intersection to get my story straight and go to court.
I took pictures of the intersection, and thought I would be ready for my court date; most people I have spoken with think that the ticket is invalid if there is no sign. However, I’ve spoken with an individual who’s gone to court more recently and he said things have changed, and that they are really tough at the Atlanta Traffic Court now. He said that all they would do is ask me if I’m guilty or innocent and not even listen to the circumstances. He also said that if I claim innocence I’ll have to come for a second court date, and that they will say that it doesn’t matter that there wasn’t proper signage, that ignorance is no excuse.
Do you know the procedure? Is it valid to plead not guilty if there was not proper signage? Am I am considered guilty by the mere fact that I ended up in the HOV (i.e. I did not consciously choose to break the law)?
Any advice? I had originally planned to say not guilty and explain that I was going north on 75, took the wrong exit (if the judge asks I will explain that I was looking for Northside Parkway, not Northside Drive), thus need to get back on the highway, and that northbound on-ramp was the only way I saw to get back on the highway, and that there was no sign warning that it is an HOV lane.
Thanks,
Worried in Atlanta