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  #1  
Old 01-08-2004, 01:44 PM
MikeK1
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Out-Of-State speeding ticket


What is the name of your state?

Tennessee state


I was visiting a friend in Georgia, and we were driving through Polk County to see her grandparents. At the bottom of a hill, where there was an unmarked car which supposedly lasered my friends car (I was driving) at 77 in a 45 zone.

There are a few things that I want to point out about this:

1) At the top of the hill, I checked my speedometer, I was doing 55 (yes, I was speeding, I admit to that).
2) The vehicle was not mine, and was new. I'm used to older cars, where you can feel a difference in 5 mph. This car feels the same at 40 as it does at 70. So I didn't realize any change in speed, though I don't have any doubt that it had picked up speed. However, I have doubts that I was running 77.
3) I didn't know I had any right to request to see the reading, nor was I offered, so I can't verify the officer's claim.
4) I'm 20, and have been driving for 4 years with no moving violations on my record.

I went to the courthouse, and they issued a continuance because they were unsure of how to handle a Tennessee license (Georgia requires a 6 month license suspension for anyone under 21 who is ticketed for a speed in excess of 24 mph over the speed limit).

Now, I'm not wanting to necessarily even lower my fine (it would be nice, but it IS my fault). I just want to know if there's anything I can do to prevent my license from being suspended, as this was my first violation, and a simple mistake at that.

Any advice would be tremendously appreciated.
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  #2  
Old 01-17-2004, 08:03 PM
MikeK1
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Since I last posted this, I have done some more research. I have found that in Tennessee, I would have gotten a $50 fine, and be required to take a driving safety course. As a result of taking the course (this only works once every 3 years), the violation is not reported to your insurance agency.
Also, I have found no applicable reason that, if the offense were committed in Tennessee, I would have my license suspended.
I found a list of reasons for license suspension at this site:
[url]http://www.statedrivinglaw.com/tennessee-driving-law.html[/url]
You can also have your license suspended for failing to pay your fine.
Can anyone tell me what I can do?
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  #3  
Old 01-17-2004, 08:27 PM
hexeliebe
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Quote:
1) At the top of the hill, I checked my speedometer, I was doing 55 (yes, I was speeding, I admit to that).
O.K. you admit to speeding.

Quote:
2) The vehicle was not mine, and was new. I'm used to older cars, where you can feel a difference in 5 mph. This car feels the same at 40 as it does at 70. So I didn't realize any change in speed, though I don't have any doubt that it had picked up speed. However, I have doubts that I was running 77.
It is irrelevant whether or not you doubt you were doing 77. And it is irrelevant that the car did not belong to you and that you were not 'used to it'. You were under control of the vehicle and therefore answerable under the law.

Quote:
3) I didn't know I had any right to request to see the reading, nor was I offered, so I can't verify the officer's claim.
Yes, you can request to see the reading. However, the officer is not obligated to show it to you. And it is not his responsibility to inform you of this 'right'.

Quote:
4) I'm 20, and have been driving for 4 years with no moving violations on my record.
Until now.

Quote:
Now, I'm not wanting to necessarily even lower my fine (it would be nice, but it IS my fault). I just want to know if there's anything I can do to prevent my license from being suspended, as this was my first violation, and a simple mistake at that.
You could contact the district attorney's office where you got the ticket and see if they will plea it down to a fine only. However, they are under no obligation to do so.

Quote:
I have found that in Tennessee, I would have gotten a $50 fine, and be required to take a driving safety course. As a result of taking the course (this only works once every 3 years), the violation is not reported to your insurance agency.
That's why we have so many accidents (average 12) every day on the major freeways surrounding Nashville. And completely irrelevant to your situation.

Stop wasting your time with Tennessee law. This occurred in georgia and the law of georgia applies. Either do as I suggested or hire an attorney where this happened to do it for you (or attempt to).
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  #4  
Old 01-17-2004, 09:24 PM
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Join Date: Dec 2003
Location: USA
Posts: 29
The law in GA is real strict for traffic violations under the age of 21. What happens if you plead guilty and you have a TN drivers license? How can the state of GA suspend an out of state DL? That seems to be the concern here. Obviously, the person does not want to loose his/her license to drive. Perhaps the violator should contact the Solicitor of the county in question that handles traffic cases. Do not admit anything, keep notes and get names. An attorney would be great if you can get a refferal and afford one.

Please keep us up to date.

Last edited by jjtricket; 01-17-2004 at 09:27 PM.
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  #5  
Old 01-17-2004, 09:26 PM
hexeliebe
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Quote:
How can the state of GA suspend an out of state DL?
Georgia won't. They'll send notice to Tennessee and Tennessee will give it full faith and credit.

That's why I suggested he get an attorney. You can run but you can't hide.
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  #6  
Old 01-17-2004, 09:29 PM
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Join Date: Dec 2003
Location: USA
Posts: 29
Does the State of TN have to comply with GA law in this situation?. Who would make the decision or is it automatic?
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  #7  
Old 01-17-2004, 09:34 PM
hexeliebe
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No, Tennessee does not "HAVE" to comply with the Georgia law. But they will. Simply put, states do not take lightly the responsibility of full faith and credit.

If you want to test the theory, get a ticket in Alaska, don't pay it, then try to drive in any other state.
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  #8  
Old 01-17-2004, 09:50 PM
MikeK1
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The judge I will be appearing in front of said that they have to abide by Tennessee law, and she left it up to me to find out what they would do.
I can't afford an attorney by any means (I can barely afford the fine). So what else can I do, if anything?
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  #9  
Old 01-17-2004, 09:54 PM
hexeliebe
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she is giving you one hell of a break.

I don't care if you have to sell a pint of blood every day, get that fine paid and quit speeding.

She doesn't HAVE to let Tennessee law prevail.
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  #10  
Old 01-17-2004, 09:58 PM
MikeK1
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I know she is. Like I said, I have no problem with paying the fine, and I have just enough to pay it (no selling blood needed).
I'm just trying to make sure that I'm not missing anything and/or if there is anything else I can do to assure that I keep my license.
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