Did the police violate GA Code?

[speeding in ga]

What is the name of your state? Georgia

I was driving 50 in a 40, and (honestly) did not see the flashing lights for a school zone. Three Cobb County motercycle cops were about were standing about 500-600 feet away on the side of the road. I was tagged for doing 50 in a 25.

I found two sections of Georgia Code which I think could invalidate the charge. The office did not advise me of my right to have the device tested (GA 40-14-5). Also, GA 40-14-9 states evidence obtained using detection devices within 600 feet of a reduction in speed shall be inadmissible. Does GA 40-14-9 refer to where the officer was standing, or where my vehicle was when he clocked me?

Thanks for any advice.What is the name of your state?

[cepe10]

You may be right, but don't expect the officer to admit to those violations.

Ideally, you would need to have concrete proof and also I wouldn't bring those issues up until after the officer is finished testifying and then on cross question why he didn't follow the statutes.


Is there a distance marked on the citation?

The instrument accuracy might be a better avenue.

You should check out this site for georgia info too:
[url]http://thegeorgiaspeedingticketkiller.com/home.php[/url]

[fairisfair]

40-14-9 G
*** CODE SECTION *** 12/03/01

40-14-9.

Evidence obtained by county or municipal law enforcement officers in
using speed detection devices within 300 feet of a reduction of a
speed limit inside an incorporated municipality or within 600 feet
of a reduction of a speed limit outside an incorporated municipality
or consolidated city-county government shall be inadmissible in the
prosecution of a violation of any municipal ordinance, county
ordinance, or state law regulating speed; nor shall such evidence be
admissible in the prosecution of a violation as aforesaid when such
violation has occurred within 30 days following a reduction of the
speed limit in the area where the violation took place. No speed
detection device shall be employed by county, municipal, or campus
law enforcement officers on any portion of any highway which has a
grade in excess of 7 percent.

I think you need to read the statute again. This has to do with reductions of speed limits. I seriously doubt that they had just installed the school zone and flashing lights. In other words it protects people who have driven on the same road for years, where the speed has always been 50 miles per hour and the city has recently changed it to 25.