Need Help for GA ticket

[billytruck]

What is the name of your state (only U.S. law)? Georgia

I'm trying to see if there is anyway I can either get this ticket dismissed or fight it.

I got a ticket for speeding in a construction zone. It wasn't until after we had pulled off and got about 3 miles down the road that I noticed the officer put down the speed limit as 60MPH but in fact not even a quarter mile up the road you could see the speed limit sign that says 70MPH. There were no barrels, cones, workers ect. in the area where the cop pulled me over. I did some research and the violation code the cop put down doesnt even exist. He put down 40-6-788. I looked a little deeper and it looks like he was suppose to put down 40-6-188 and here is what it says:

40-6-188. Highway work zones; reduction in speed; signage


(a) As used in this Code section, the term:

(1) "Highway work zone" means a segment of any highway, road, or street where the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing is engaged in constructing, reconstructing, or maintaining the physical structure of the roadway or its shoulders or features adjacent to the roadway, including without limitation underground or overhead utilities or highway appurtenances, or any other type of work related thereto.

(2) "Work zone personnel" means employees of the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing.
(b)(1) The Department of Transportation, any county, or any municipality may designate any segment of a highway, road, or street under its jurisdiction as a highway work zone.

(2) Whenever a highway work zone is designated pursuant to paragraph (1) of this subsection, there shall be erected or posted signage of adequate size at the beginning point of such highway work zone designating the zone and warning the traveling public that increased penalties for speeding violations are in effect for the highway work zone, and there shall be erected or posted at the end of such highway work zone adequate signage indicating the end of such zone and that increased penalties for speeding violations are no longer in effect.
(c)(1) The Department of Transportation or the governing authority of any county or municipal corporation is authorized to establish a temporary reduction in the maximum speed limit through any highway work zone located on or adjacent to any street or highway under its respective jurisdiction. The commissioner of transportation or the local governing authority shall not be required to conduct any engineering and traffic investigation in order to establish a reduced speed limit in a highway work zone pursuant to this paragraph.

(2) Whenever reduced speed zones are established pursuant to paragraph (1) of this subsection, there shall be erected or posted signage of adequate size at the beginning point of such speed zone designating the zone and the speed limit to be observed therein, and there shall be erected or posted at the end of such speed zone adequate signage indicating the end of such speed zone, which signage shall also indicate such different speed limit as may then be observed. Signs indicating such reduced speed limit shall be spaced not further than one mile apart throughout the highway work zone. Where the speed limit established pursuant to paragraph (1) of this subsection is at least ten miles per hour less than the established speed limit on the street or highway, there shall be erected at least 600 feet in advance of the beginning of the speed zone a sign of adequate size which shall bear the legend "Reduced Speed Ahead." Whenever any signage is required by this paragraph, the same shall be in addition to the signage requirements of paragraph (2) of subsection (b) of this Code section.
(d)(1) Any signage required by this Code section shall conform to applicable provisions of the Manual on Uniform Traffic Control Devices; provided, however, that nothing in this Code section shall prohibit the use of movable or portable speed limit signs in highway work zones.

(2) Any existing regulatory signage conflicting with signage erected or posted pursuant to this Code section shall be removed, covered, folded, or turned so as not to be readable by oncoming motorists.
(e)(1) In order for a person to be cited or convicted for exceeding a speed limit, reduced or otherwise, in any highway work zone as provided in paragraph (2) of this subsection, there must be present in the highway work zone at the time of the offense the signage required by this Code section and either:
(A) Work zone personnel; or
(B) Barriers, on-site work vehicles, or shoulder or pavement drop offs that constitute a hazard to the traveling public.:

I have put in bold some points of contention on my part. None of the 70MPH signs were covered and there were no markings with barrels, cones, workers or uneven pavement.

So my questions again are:

1. Could I get the ticket thrown out since the offense I am charged with officially on the ticket does not exist?

2. With them not covering or removing the 70MPH speed limit signs as well as them not marking the stretch of road with barrels, cones, workers ect get me a dismissal of the ticket?

Thanks in advance!

 

[patstew]

Ones can look like sevens, so I'd leave that alone. I've got an officer who immigrated from the mid-East, and his ones look like that.