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  #1  
Old 01-21-2005, 09:48 PM
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Join Date: Jan 2005
Posts: 8

GA Speeding Ticket, No Location Specified?!


What is the name of your state? Georgia
County? Cobb
Town? Kennesaw

Citation: 67 in a 45, clocked by LASER.
4 Lane Divided State Hwy
Average Traffic Pace: 50-60mph variable depending on traffic
Time: 9:30pm Friday Night

I'm 17 which means I have a class D license. The speed limit on this road changes from 55 to 45 with little relative warning, and I was unaware it had switched to 45 at the time of the citation. I was also doing 60mph not 67mph as per witness in my vehicle (although that probably means nothing to the court). My ticket does not state the location of the incident, just the precinct in which it happened in. As this was a town police officer, and there's only one police station, I'm assuming there is only one precinct for the department, which means the officer did not specify the exact location of the incident.

So what are my options? Can I claim since he did not specify the exact location of the incident that he may have had the speed limit incorrect? Also this is probably a stupid question, but I was moving right with traffic...not an excuse right? And does anybody know what kind of fine I'm looking at? I've never been convicted of a ticket before, I got a warning on my previous ticket so I have nothing on my record.

Thanks for your help this place seems like a good resource
-James
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  #2  
Old 01-22-2005, 10:13 AM
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Join Date: Jul 2004
Location: St. KnoWhere
Posts: 404
Take responsibility and learn.

Try to spend a morning in court to see how they handle other people. It think this should be a requirement for Drivers Ed to see how literally the law is interpreted.

Driving school is an option to look into, e.g.:
[url]http://www.taggartsdrivingschool.com/improvementhome.htm[/url]

Some Georgia info here:
[url]http://www.dmvs.ga.gov/drivers/points.asp[/url]

Don't discount going to a lawyer because of cost, it's usually the lowest cost route in the long run (minimize insurance hit).

You need to be really careful and pay attention from this point forward, it only takes an ACCUMULATION of 4 points within a twelve month period to suspend the license of someone under age 18.

Please take it easy. The only thing worse than handling an accident scene with mangled, dead teenagers is to be the parent of one of the victims.

Last edited by Robbie0723; 01-22-2005 at 10:15 AM.
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  #3  
Old 01-22-2005, 10:49 AM
Senior Member
 
Join Date: May 2003
Posts: 2,607

Georgia Speeding Ticket


Cobb County traffic courts are extemely unfriendly. Also the switches in speed limits are more for revenue than safety so don't expect any sympathy from the judge because you were not alert.

You could find out what shift the officer works and try to talk to him at the beginning of his shift. He might agree to a reduction to 59 in a 45 since this will not go on your record. Otherwise retain an attorney.

Since you are a minor one of your parents or an attorney will have to represent you in court. Do not just pay the ticket since this will mean a serious increase in insurance premiums.
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  #4  
Old 01-22-2005, 03:55 PM
Junior Member
 
Join Date: Jan 2005
Posts: 8
Thanks for your help guys. This was not a cobb county police officer, it was a Kennesaw City Police Officer.

I plan to go to court and request a trial by jury, which I've heard is a better option. The officer that tagged me with the Laser gun was not the one that made the arrest, so I'm assuming he must also be present at the trial.

I've been reading on [url]www.tipmra.com[/url] about some stuff like this, and from the looks of it, the fact that he failed to accurately describe the location of the incident would be enough to have the case dismissed, but I want to be sure about this. I would also request information on the laser gun such as certification date, location of the certification, serial numbers make sure they match, certification of the officer's training, etc.

And what about pleading nolo contendre? Someone mentioned that to me...they said it would require me to pay the fine and then I wouldn't have any points on my license and my insurance wouldn't rise.

I appreciate your words of wisdom reminding me to be more careful, I had to take a 80 mile round trip around i285 today and I realized my habits are changing now, not being in the left lane the whole time etc.

Any and all help is much appreciated guys, my scheduled court date is March 1, 2005 but I want to be prepared well into advance and I still have to break this to my parents tonight :/

-James
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  #5  
Old 01-22-2005, 11:05 PM
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Join Date: Jul 2004
Location: St. KnoWhere
Posts: 404
Are you sure you're only 17?

My complements for having one of the most mature reactions I've seen in a while, that won't hurt you in court. I hope things go well for you.

Last edited by Robbie0723; 01-22-2005 at 11:07 PM.
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  #6  
Old 01-23-2005, 12:38 AM
Junior Member
 
Join Date: Jan 2005
Posts: 8
Quote:
Originally Posted by Robbie0723
Are you sure you're only 17?

My complements for having one of the most mature reactions I've seen in a while, that won't hurt you in court. I hope things go well for you.
I run a webforum of 11,000+ people, I know whining and complaining gets you nowhere, so theres no point in it

But yeah I'm 17, so the more I'm prepared for this the better, I just want to be prepared for this case. I've spoken with an attorney I'm friends with in california and she said I shouldn't have a problem contesting the location error, as long as I present it properly.

Thanks guys,
-James
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