Driving over 30 mph

[unikideas]

What is the name of your state? GA
County - Fulton

It was cleaar sunny day at around 12:00 O'Clock, I was driving up 400 N, they recently had few new lanes opened up as result there was more space and very little number of cars. I was in a good mood but hurrying trying to get back to office. When I was about to take the exit 9, I was stopped by a traffic police in a SUV, and i was told that I was driving at 88 mph in a zone of 55 mph. I am pretty sure I was driving very fast and definitely the traffic polic must have used a radar gun for that...so I trust what ever he mentioned.

My question : Now that I was driving 30 + mph above speed limit, I have a mandatory court appearance on 14th Feb'07. I want to know the possble punishments that I will be getting. For example I want to know possible points, financial penalty and the most important - if there is anything else. What all I can do to minimize the impact

Regards,
Unikideas

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[GatorLaw]

Your citation should list what you are being charged with. That number would be helpful in answering your question.

 

[seniorjudge]

Your citation should list what you are being charged with. That number would be helpful in answering your question.

Right. It's on that paper the cop gave you. It's on the kitchen table.

 

[unikideas]

Thanks Seniorjudge and Gatorlaw,
I will get that number to you by 2:00 PM EST, I'm not carrying it with me at this
momement.

 

[unikideas]

Here is the code
40-6-181

 

[The Occultist]

Hrm, I can find several sources that will show the ordinance, but can't seem to find any penalties. This is one site I found http://www.lawskills.com/code/ga/40/6/181/

I'm sure somebody more knowledgeable will be able to help you, but in the meantime you can try Googling "GA 40-6-181" the way I did. Good luck!

 

[unikideas]

Thanks , I have already googled it..and continuing my research.
seniorjudge/GatorLaw any more inputs will be highly appreciated.

 

[Robbie0723]

It's usually a good idea to talk to an attorney first for anything that has a mandatory court appearance. 30+ can have serious consequences on your record and insurance (you may be dropped).

 

[GatorLaw]

Sorry for a slow reply, but here is the sentencing statute that governs your offense:

§ 17-10-3. Misdemeanors, how punished


(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows:

(1) By a fine not to exceed $ 1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;

. . . .

(d) In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences:

(1) Reexamination by the Department of Driver Services when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed;
(2) Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court;
(3) Within the limits of the authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment upon such conditions and at such times as may be specified; or
(4) Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or a specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge.

Worst Case Scenario:
- $1000 fine and 12 months in jail, however worst case scenario is highly unlikely