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12-30-2007, 12:32 AM
| | Junior Member | | Join Date: Dec 2007
Posts: 4
| | | Speeding ticket What is the name of your state? violation occured in georgia
i got a speeding ticket and the officer actually stated to me that he clocked me at 81 but on the ticket he only wrote 70. can this be used to get out of the ticket? because if we go to court, as i think i understand it the ticket is an affadivit and liek evidence, but he cannot under oath say i was going 70 and if he says under oath i was going 81, would that be considered a procedural error?(i thought it a little odd that the officer told me to keep the needle on the left side of 70 and nobody will bother me too)
also if i chose to go the route of getting the radar make and model with calibration information can i just go to the station and request them or do i actually have to do a subpuena to get that information?(reapair history, calibration, officer training, FCC license, frequency, and officer ticket log.)
Also, in geogia after the ticket is written does the officer have any say in if it can be thrown out. i have heard of people that go talk to the officer that issued the ticket to plead their case or write a letter to the officer to plead their case. is this a good or bad idea? and does the officer have any say to throw it out once it is written?
i believe he cited me for violation 40-6-181, but when i looked up that code online, it is very simple and not really informative. and if i did take it to a trial dont you have to have the prosecutor prove you were the one driving among other things(what all would the prosecutor have to prove beyond a reasonable doubt for me to be consdered guilty.
thanks for any help.
Last edited by jvano1; 12-30-2007 at 03:23 AM.
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12-30-2007, 04:36 AM
| | Senior Member | | Join Date: Feb 2005
Posts: 3,458
| | | The officer cut you a break by citing you for a lower speed. If you challenge that in court, they will issue you a new ticket for your actual speed (which you would have inadvertently admitted to doing), which will probably result in higher fines/points.
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12-30-2007, 08:54 AM
| | Senior Member | | Join Date: May 2003
Posts: 2,607
| | | Don't get me started. | 
12-30-2007, 12:07 PM
| | Junior Member | | Join Date: Dec 2007
Posts: 4
| | | he also wrote on the ticket the calibration time. if the ticket time was at 946 and the calibration time was at 520 is that a problem.
in these two cases((Wisconsin v. Hanson and Minnesota v. Gerdes) it was ruled that after a ticket the radar needs to be calibrated for accuracy.
and in these two(Connecticut v. Tomanelli and New York v. Struck) it was further ruled that the tuning fork calibration needs to be performed immediately before and after a citation.
now i do not know if he did the tuning fork calibration after the ticket, but would anybody know how long that calibration takes. becasue after he got in the car he spun his wheels and went up the road.
can i use this calibration informtion and those 4 cases in the state od georgia??
thanks | 
12-31-2007, 09:15 PM
| | Member | | Join Date: Jul 2006 Location: MD, WV - formerly WA, UT, AL, MS and OR
Posts: 563
| | | You may want to go to court anyway and plea for probation before judgement or other deferment option if you intend on trying for leniency (reduce points, insurance, ect.)...
The calibration of the unit internally can be done by him in the morning prior to shift and at the end of shift.
The tuning forks need to be certified by a laboratory to a NIST traceable standard - the question is if they are certified during the period of time you were issued the ticket...(doubtful) but a kangeroo kourt won't care anyway...and you would have to appeal.
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_____________________________________________________ “[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”
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