Speeding Ticket - Smyrna, GA

[yeye]

Hi,

I was given a speeding ticket in Smyrna, GA and have a citation for March. I know what I did is totally not smart, but was wondering what is the best recommendation you may give me.

The time was about 6:40am, it was still dark. I stopped at a light and because the light was red I started to write some numbers on a bank deposit slip. The light changed, and for some reason I did not let go of the paper and pen and started driving (really not smart). I went on a straight and then down a hill and I suddenly noticed the officer was flashing me with his high power lantern as I did not even realized he had given me the blues (yeap I was that distracted with the stupid deposit slip). Once I realized I was being pulled over, I went to the side and waited to talk to him.

Since I was so distracted from my stupidity (writing while driving), He told me I was doing 60 in a 45 and I said: I did not realize that. He said, what? That you were doing 60 or that the speed limit was 45. I repeated I did not realize that, I.... I... got distracted because I was writing......

So ok, yes if I was going faster than the limit, then I am fine with paying the ticket. However, I did not ask him for the speed reading from his radar (I actually have to check the ticket because he did not even say how he got my speed). He never offered to calibrate his radar gun or anything like that. Since he said I was doing 60 in a 45, all I want to do is pay the ticket, but avoid the points and increase cost in my insurance. I have read other websites that say to not use NOLO in a minor violation like this. I was wondering what do you recommend me to do?

1. Plead guilty and ask the judge to recude my speed by a couple of miles to be under 14mph? I am currently reported as being 15 over the limit.

2. Plead NOLO (even though other advice told me already not to do that?)

3. Plead Not guilty and extend the thing and the office does not shoe or in hopes that they have to show the video or whatever and I can confirm that the speed he said is what the gun read?

4. Other suggestions?

Thanks for any input.

 

[moburkes]

Hi,

I was given a speeding ticket in Smyrna, GA and have a citation for March. I know what I did is totally not smart, but was wondering what is the best recommendation you may give me.

The time was about 6:40am, it was still dark. I stopped at a light and because the light was red I started to write some numbers on a bank deposit slip. The light changed, and for some reason I did not let go of the paper and pen and started driving (really not smart). I went on a straight and then down a hill and I suddenly noticed the officer was flashing me with his high power lantern as I did not even realized he had given me the blues (yeap I was that distracted with the stupid deposit slip). Once I realized I was being pulled over, I went to the side and waited to talk to him.

Since I was so distracted from my stupidity (writing while driving), He told me I was doing 60 in a 45 and I said: I did not realize that. He said, what? That you were doing 60 or that the speed limit was 45. I repeated I did not realize that, I.... I... got distracted because I was writing......

So ok, yes if I was going faster than the limit, then I am fine with paying the ticket. However, I did not ask him for the speed reading from his radar (I actually have to check the ticket because he did not even say how he got my speed). You don't request this information at the stop. He never offered to calibrate his radar gun or anything like that. He wasn't supposed to. Since he said I was doing 60 in a 45, all I want to do is pay the ticket, but avoid the points and increase cost in my insurance. I have read other websites that say to not use NOLO in a minor violation like this. I was wondering what do you recommend me to do?

1. Plead guilty and ask the judge to recude my speed by a couple of miles to be under 14mph? I am currently reported as being 15 over the limit. If you plead guilty, there is nothing to negotiated.

2. Plead NOLO (even though other advice told me already not to do that?)

3. Plead Not guilty and extend the thing and the office does not shoe or in hopes that they have to show the video or whatever and I can confirm that the speed he said is what the gun read?

4. Other suggestions?

Thanks for any input.

Your options are above.

 

[yeye]

Your options are above.

Sorry moburkes, but that is not very helpful. You do not suggest picking any of the paths I should take. You basically said do not plead guilty because I cannot negotiate. However, I have read in other places that usually the judge would drop your speed a couple of miles if you plead guilty so that you do not get points. I know that all judges and courts are different, but since I have never been to court, I just do not know which is my best choice.

 

[moburkes]

Sorry moburkes, but that is not very helpful. You do not suggest picking any of the paths I should take. You basically said do not plead guilty because I cannot negotiate. However, I have read in other places that usually the judge would drop your speed a couple of miles if you plead guilty so that you do not get points. I know that all judges and courts are different, but since I have never been to court, I just do not know which is my best choice.

Okay. Which path do I suggest that you take? Pay the ticket, since you were speeding. That's what I did, when I got caught.

 

[yeye]

Okay. Which path do I suggest that you take? Pay the ticket, since you were speeding. That's what I did, when I got caught.

This is still not helpfull at all. My main goal is to avoid points and increased insurance premiums. Your answer of: pay the ticket is not helpfull at all. Paying the ticket is basically a guilty plead with points and insurance payment increase. I just want to know from people who had been to court, or people who deal with these cases (attorneys, etc) what would be the best way to ask the judge to lower the speed on my ticket to 14mph or less so that it does not count towards insurance and does not give me points.

I actually may have not even been speeding, from what I know, I do not know what my speed was at the moment they took it. So the cop could have even said I was doing 200mph while I was only doing 50 or 55 or even the 60 he claims I was doing.

 

[moburkes]

This is still not helpfull at all. My main goal is to avoid points and increased insurance premiums. Your answer of: pay the ticket is not helpfull at all. Paying the ticket is basically a guilty plead with points and insurance payment increase. I just want to know from people who had been to court, or people who deal with these cases (attorneys, etc) what would be the best way to ask the judge to lower the speed on my ticket to 14mph or less so that it does not count towards insurance and does not give me points.

I actually may have not even been speeding, from what I know, I do not know what my speed was at the moment they took it. So the cop could have even said I was doing 200mph while I was only doing 50 or 55 or even the 60 he claims I was doing.

Did you forget that you wrote this?

You do not suggest picking any of the paths I should take.

I gave you my suggestion. I'm done.

 

[Jim_bo]

Yeye,

Don't be discouraged. This is the strangest website ever. People come here for help and they usually get three responses:

1. Suck it up.... you are guilty. Now act like an adult and just submit to whatever punishment may await you.

2. Someone offers reasonable assistance with a possible defense or strategy concerning your ticket.

3. Someone then tells the person in item 2 above that they don't know what they are talking about and I am much smarter than you!

Unfortunately, you get a lot of 1 and 3, but not much of 2.

I don't know GA vechicle code very well, but I would:

1. Read and understand the actual section of the vehicle code I have been charged with violating.

2. Read and understand the sections of the vehicle code that the officer is obligated to adhere to when making his arrest (i.e. radar calibrations, speed trap laws, jurisdictional limitations, etc)

3. Require the state (i.e. the cop) to show evidence that they adhered to their requirements. This can be done ahead of time via a discovery process (if GA allows for discovery in traffic infractions) or at trial.

Bottom line... prepare a reasonable defense. Be prepared. Exercise your rights. Demand that the state meet its prosecutorial burden rather than just relying on pity from a judge.

Probably not overly helpful... but as I said... I don't know much about GA vehicle code.

Good Luck.

Jimbo

 

[yeye]

Yeye,

Don't be discouraged. This is the strangest website ever. People come here for help and they usually get three responses:

1. Suck it up.... you are guilty. Now act like an adult and just submit to whatever punishment may await you.

2. Someone offers reasonable assistance with a possible defense or strategy concerning your ticket.

3. Someone then tells the person in item 2 above that they don't know what they are talking about and I am much smarter than you!

Unfortunately, you get a lot of 1 and 3, but not much of 2.

I don't know GA vechicle code very well, but I would:

1. Read and understand the actual section of the vehicle code I have been charged with violating.

2. Read and understand the sections of the vehicle code that the officer is obligated to adhere to when making his arrest (i.e. radar calibrations, speed trap laws, jurisdictional limitations, etc)

3. Require the state (i.e. the cop) to show evidence that they adhered to their requirements. This can be done ahead of time via a discovery process (if GA allows for discovery in traffic infractions) or at trial.

Bottom line... prepare a reasonable defense. Be prepared. Exercise your rights. Demand that the state meet its prosecutorial burden rather than just relying on pity from a judge.

Probably not overly helpful... but as I said... I don't know much about GA vehicle code.

Good Luck.

Jimbo

Hi Jimbo,

This is an excellent reply, thank you very much for taking the time to write it. I am not sure that I understand the meaning of "Discovery". Does "Discovery" means that I can get access to the officer notes, his patrol car video, or any other details about the arrest? If so, then I should call the court ahead of time and ask if they do allow discovery and then request all the documentation or available information concerning the arrest, right?

I have also been looking at the following web pages:
http://www.tipmra.com/kgb/WEB/tipmra2.htm
and
http://www.tipmra.com/new_tipmra/speeding_ticket_trial_transcript_1.htm

In my citation, the officer said that he measured my speed with: "Patrol Car". From my understanding, this is basically the Patrol's odometer. So I may be able to use the suggested defense from the tipmra web pages. What do you think?

Thanks again for your helpfull posting,

Yeye

 

[Jim_bo]

In a request for discovery, you would ask for:

A list of all witnesses the prosecution intends to use.

A copy of the certification of calibration and maintenance records of the patrol car's speedometer.

A copy of the certification of completion of any courses the officer took which taught him how to properly pace a vehicle.

A copy of all of the officer's notes associated with the arrest, including the back of the officer's copy of the ticket.


Since this is a pace ticket, you have a lot of room for arguing. You can challenge the cop on things like:

How long did he pace you?
How long was he at a matched speed with you?
How heavy was traffic?
Was the road straight?
Did he have to adjust his speed during the pace to match your speed?
etc...

I think a bit of research and a willingness to cross examine the cop may produce good results. After all... what is the worst that can happen? You have to pay the ticket?

Hopefully, someone with experience w/ GA law will advise you on the procedure for requesting discovery.

Jimbo

 

[Robbie0723]

There's some Georgia specific info with a few options here:

http://www.speedingticketcentral.com/Georgia-speeding-ticket.html

 

[yeye]

Is this a major FLAW in my citation?

I have been studying all my options and have discovered what I believe may be a major FLAW in my citation. The officer states the following in the citation:

- Defendant was doing 60mph in a 45mph Zone
- Speed Measurement Method: Patrol Car
- Heavy Traffic
- Location: South Cobb Drive, Major intersection: Mills Pond Rd.

If you look at this image:

http://www.dijuremo.org/traffic-stop-comments.png

The officer incorrectly states the location where he alleges the defendant was traveling at 60mph in the citation. According to the citation and the place where the defendant pulled over, it is impossible for the defendant to be traveling at 60mph at the intersection of South Cobb Drive and Mills Pond Road because the defendant was traveling south bound and had completely stopped his car before arriving at Walton Way Rd.

Will this hold in court? Is there a better way to word it for the judge? When defendant cross examines the officer, he should have pictures and ask the officer to identify the place where he stopped the defendant as being before arriving to Walton Way, right? Any other suggestions?

Thanks for all your help and for providing great reading material. I hope I can win this in court.

 

[AHA]

I hope I can win this in court.

And I hope you don't kill or injure someone next time you speed while focussing on other things than the actual driving.

 

[Jim_bo]

And I hope you don't kill or injure someone next time you speed while focussing on other things than the actual driving.

Let he who is without sin cast the first stone, Mr. Judgemental...

 

[The Occultist]

Let he who is without sin cast the first stone, Mr. Judgemental...

*toss*

 

[AHA]

Let he who is without sin cast the first stone, Mr. Judgemental...

First off, I'm not inadequate enough to be a male.
Second, I have also never run anyone down, so hell yeah, watch me cast stones. Enjoy the view.