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  1. #1
    dpt101 is offline Junior Member
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    GA Speeding Violation 29mph Over

    Georgia

    This morning I was on my way back to school at The University of Georgia after spending the weekend with my family. As with most weekends, I prefer to drive back the following Monday morning to allow myself a good night's rest. However, traffic on the first leg of my drive was heavier than usual and I quickly noted I was on route to miss my advisement after recently changing my major.

    I was driving on Hwy 316 East, 2 lanes each way, where the general speed limit is 65. Due to my rush, I was generally moving between 75 and 85, slower when there were other cars around mine. Typically on large highways I haven't had trouble, nor has anybody I know, with going 10 to 15 over. However, as I came in toward Athens, where UGA is located, I passed a sign noting the 55 mph zone. As I noted the sign and began to decelerate, the State Patrol Officer was already behind me. I pulled over, and was given a ticket for 84 in a 55: 29 mph over the limit, in Violation of Code Section 40-6-181

    According to Georgia Law, anything between 24 and 34 mph over the limit will give you 4 points on your record. As a driver under 21, these 4 points alone would mean my license will be suspended. I am more frustrated because I am generally a decent driver and have never been given a ticket before, my only time getting pulled over was for not having my headlights on... as the sun was beginning to set...

    Generally people have told me that making a nolo or guilty plea would be the best idea as it could mean a reduction in the points and fine, especially considering prior record. I was also told that taking a Defensive Driving course before the court date could be helpful.
  2. #2
    moburkes is offline Senior Member
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    Quote Originally Posted by dpt101 View Post
    Georgia

    This morning I was on my way back to school at The University of Georgia after spending the weekend with my family. As with most weekends, I prefer to drive back the following Monday morning to allow myself a good night's rest. However, traffic on the first leg of my drive was heavier than usual and I quickly noted I was on route to miss my advisement after recently changing my major.

    I was driving on Hwy 316 East, 2 lanes each way, where the general speed limit is 65. Due to my rush, I was generally moving between 75 and 85, slower when there were other cars around mine. Typically on large highways I haven't had trouble, nor has anybody I know, with going 10 to 15 over. However, as I came in toward Athens, where UGA is located, I passed a sign noting the 55 mph zone. As I noted the sign and began to decelerate, the State Patrol Officer was already behind me. I pulled over, and was given a ticket for 84 in a 55: 29 mph over the limit, in Violation of Code Section 40-6-181

    According to Georgia Law, anything between 24 and 34 mph over the limit will give you 4 points on your record. As a driver under 21, these 4 points alone would mean my license will be suspended. I am more frustrated because I am generally a decent driver and have never been given a ticket before, my only time getting pulled over was for not having my headlights on... as the sun was beginning to set...

    Generally people have told me that making a nolo or guilty plea would be the best idea as it could mean a reduction in the points and fine, especially considering prior record. I was also told that taking a Defensive Driving course before the court date could be helpful.
    I don't know what an advisement is, nor do I know what a general speed limit is. But, your BEST bet is to retain an attorney.
    Last edited by moburkes; 04-30-2007 at 02:59 PM.
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  3. #3
    dpt101 is offline Junior Member
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    Quote Originally Posted by moburkes View Post
    I don't know what an advisement is, nor do I know what a general speed limit is. But, your BEST bet is to retain an attorney.
    Advisement is when an one of the counselors at the university discusses your past and current classes, and makes suggestions as to the best path to take toward completion of all required courses. It's necessary to have an advisement meeting before you can register for any classes.

    When I said general speed limit, I meant that 65 mph is the speed limit on most of 316, at least where I drive.
  4. #4
    FlyingRon is offline Senior Member
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    Guilty is guilty. Whether you plead not guilty, guilty, nolo contendre, or entered an alford plea isn't going to make any difference. You will be found guilty, and the points and restrictions will follow.

    Perhaps you can get the prosecutor or court to let you plead to a lesser charge (perhaps for taking a defensive driving course). I don't know much about Georgia.
  5. #5
    smblkc is offline Member
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    Quote Originally Posted by dpt101 View Post
    Typically on large highways I haven't had trouble, nor has anybody I know, with going 10 to 15 over. However, as I came in toward Athens, where UGA is located, I passed a sign noting the 55 mph zone. As I noted the sign and began to decelerate, the State Patrol Officer was already behind me. I pulled over, and was given a ticket for 84 in a 55: 29 mph over the limit, in Violation of Code Section 40-6-181
    You must remember here that just because you've never had a problem with speeding doesn't make it alright to do. This is why I used to scrape people off of telephone poles.... 10 miles over is still illegal (despite the fact the almost everyone is guilty of this at some point).

    Another thing to remember is that speed limits start AT THE SIGN POSTING THE LIMIT.... not after it. Decelerating prior to the sign may have saved you a lot of trouble, so keep this in mind for next time.

    At least, though, you got a written excuse for being late...

    As Ron stated, pleading guilty and pleading nolo contendere will result, most likely, in the same way. All the nolo plea will do is state that you neither admit guilt nor wish to contest the charge. What might help reduce your penalty is to have a valid mitigating circumstance. Otherwise, as already stated, an attorney would be best.

    BTW, how did the officer state that he/she calculated your speed? Most likely this is on the ticket.
  6. #6
    dpt101 is offline Junior Member
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    I know what I did was illegal, and I wasn't trying to make an excuse as to why I shouldn't have received the ticket. I was just giving all the information I could on the situation and my past record.

    He used the radar gun to detect me, and since he told me I had the right to ask him to check and see if it was calibrated correctly, he did and it was.

    So I'm going to go to court, and I don't plan on pleading not guilty. Since I'm generally a good student and don't have any previous legal infringements (traffic-related or otherwise), is there a chance of getting a lowered sentence if I were to sign up and take a defensive driving course before the court date, as a way of showing the court that I've taken initiative regarding the problem?

    The nolo contendere idea caught my attention because a couple years back when my older brother was ticketed for speeding, he was offered a nolo plea by the judge which would result in paying the fine but would not result in points being added to his driving record.

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