O.C.G.A 40-14-7 | Do I have an argument?

[billt01]

Georgia | Local Municipality law

It is 4:30am, the COUNTY officer is running stationary radar on the side of the road. There are no streetlights where the officer was parked. I asked if the officer needed to be running radar with parking lights, he stated no but that he needed to be visible for 500 FT. and that he saw me from 500 FT away. Granted, my lights were on when I was coming down the road.

He was not visible for 500 FT away.

Can I plead not guilty simply on the fact that the officer was not visible from 500 FT away?

Thank you

 

[HighwayMan]

There is information about this here:

www.pacga.org/site/protected_docs/gtp_volume5_issue3.pdf


Other things I have read seem to indicate that it will depend upon the court/judge.

Your best bet is to consult with an attorney to get real-world information for the area that the violation took place in.

 

[TigerD]

Georgia | Local Municipality law

It is 4:30am, the COUNTY officer is running stationary radar on the side of the road. There are no streetlights where the officer was parked. I asked if the officer needed to be running radar with parking lights, he stated no but that he needed to be visible for 500 FT. and that he saw me from 500 FT away. Granted, my lights were on when I was coming down the road.

He was not visible for 500 FT away.

Can I plead not guilty simply on the fact that the officer was not visible from 500 FT away?

Thank you

How fast were you going and how much over the speed limit was that?

TD

 

[billt01]

That question is irrelevant..it Doesn't matter if one was doing >5+ or >50+

The law cited in the thread does not reference a speed.

How fast were you going and how much over the speed limit was that?

TD

 

[Zigner]

That question is irrelevant..it Doesn't matter if one was doing >5+ or >50+

The law cited in the thread does not reference a speed.

Alrighty then

 

[Silverplum]

That question is irrelevant..it Doesn't matter if one was doing >5+ or >50+

The law cited in the thread does not reference a speed.

Alrighty then.

I guess that's what you should tell the judge.

 

[billt01]

I will tell the judge that the officer informed me that he must be visible for 500 FT, and he was not visible for 500 FT.

I don't see how that could be misinterpreted or disrespectful.

Are the laws written not for both parties to follow?

 

[Zigner]

I will tell the judge that the officer informed me that he must be visible for 500 FT, and he was not visible for 500 FT.

I don't see how that could be misinterpreted or disrespectful.

Are the laws written not for both parties to follow?

What evidence do you have to counter his testimony that visibility was =>500'?

 

[billt01]

It was 4:30am, on a two lane road, with no streetlights. I realize that the definition of "visible" may be interpreted differently, but the definition of "visible" is:

1.that can be seen; perceptible to the eye:--he was not

Now that being said, if the officer is not honest, I can do nothing about that.

What evidence do you have to counter his testimony that visibility was =>500'?

 

[Zigner]

It was 4:30am, on a two lane road, with no streetlights. I realize that the definition of "visible" may be interpreted differently, but the definition of "visible" is:

1.that can be seen; perceptible to the eye:--he was not

Now that being said, if the officer is not honest, I can do nothing about that.

What date did this occur on?

 

[billt01]

about a week ago.

What date did this occur on?

 

[HighwayMan]

I suggest you put some time and energy into finding the statute which details this five hundred feet rule. You'll have a better idea of what is actually required. Don't necessarily go by what the officer told you.

 

[Zigner]

about a week ago.

That's not a date.

 

[billt01]

O.C.G.A. § 40-14-7 (Copy w/ Cite)
Pages: 2



O.C.G.A. § 40-14-7


GEORGIA CODE
Copyright 2014 by The State of Georgia
All rights reserved.

*** Current Through the 2014 Regular Session ***

TITLE 40. MOTOR VEHICLES AND TRAFFIC
CHAPTER 14. USE OF SPEED DETECTION AND TRAFFIC-CONTROL SIGNAL MONITORING DEVICES
ARTICLE 2. SPEED DETECTION DEVICES

O.C.G.A. § 40-14-7 (2014)

§ 40-14-7. Visibility of vehicle from which device is operated


No stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.

I suggest you put some time and energy into finding the statute which details this five hundred feet rule. You'll have a better idea of what is actually required. Don't necessarily go by what the officer told you.

 

[billt01]

Ha...agreed...

4/14/2015

That's not a date.