Speeding Ticket Question

[JusticeForAll26]

What is the name of your state? Georgia


Hello,

I have a question about speeding ticket rights.In this case the police officer pulled my husband over claiming that he was speeding.He did not have a radar gun nor was my husband speeding.He is a cautious driver since he makes deliveries for an automotive paint and supply store.The police officer said that he would cut him a break and reduce the "amount of miles per hour" that my husband was going over the speed limit.

My questions is can a police officer give a speeding ticket without proof of the "speeding offense" with out a radar gun?

Is there a way to proove that my husband was not speeding and could he have the ticket dismissed on grounds on lack or no evidence of "speeding" due to this just being a verbal claim by the police officer?

And lastly the police officer claims that this will never show up on my husbands driving record,is this true?

Please if any one can help with this particular situation please let me know.Thank you so much in advance for any responses.

Karen

[Maestro64]

Georgia has very specific rules that must be followed in order to issue a speeding ticket, not to say a visual estimate is not valid, there are couple website out there that cover speeding tickets specifically in Georgia. If you google you should find them and they will tell you what is require to issue a ticket.

Remember you do not have to prove you were not speed the state has to prove you were, and you have every right to challenge any claim they make and make them back it up within the Georgia rules.

All ticket show up on your record, not where the ticket carries points and affect your insurance that is another story.

[racer72]

My questions is can a police officer give a speeding ticket without proof of the "speeding offense" with out a radar gun?

There are many ways to determine a vehicle speed without a "radar gun".

Is there a way to proove that my husband was not speeding and could he have the ticket dismissed on grounds on lack or no evidence of "speeding" due to this just being a verbal claim by the police officer?

You don't state the method used by the officer to determine the speed that you husband was alledgedly driving. The officer's claim of speeding will also be accepted as "prima facie", meaning his claims will be accepted as fact, it will be up to your husband or his attorney to refute this claim. Nothing in your post comes close to supporting a decision for your husband. Google prima facie and read the Wiki article.

And lastly the police officer claims that this will never show up on my husbands driving record,is this true?

Without knowing the exact law your husband violated, no one can answer your question.

[Zigner]

Originally Posted by Maestro64

Remember you do not have to prove you were not speed the state has to prove you were

The state has direct evidence (ie: The officer's testimony). So now that that little roadblock is out of the way, our OP's hubby WILL have to prove that the officer is wrong (ie: he wasn't actually traveling that speed).
Your post, while basically accurate, is a misleading simplification of the process.