got my first speeding ticket help me beat the system
#1
got my first speeding ticket help me beat the system
Well got my first ticket today coming home from work on 400 south in atlanta. Was going 78 in a 55 it was obviously a speed trap. So im sure the cop will be in court that day since he probably pulled over like 80 people today and they all have the same day in court.
I told him the car was impossible to drive under the speed limit but he didn't care.
Is there anything I can do to beat this ticket I have a perfect driving record and would hate to have to pay for this crap.
Help Me!
I told him the car was impossible to drive under the speed limit but he didn't care.
Is there anything I can do to beat this ticket I have a perfect driving record and would hate to have to pay for this crap.
Help Me!
#2
Re: got my first speeding ticket help me beat the system
Originally posted by del105
Well got my first ticket today coming home from work on 400 south in atlanta. Was going 78 in a 55 it was obviously a speed trap. So im sure the cop will be in court that day since he probably pulled over like 80 people today and they all have the same day in court.
I told him the car was impossible to drive under the speed limit but he didn't care.
Is there anything I can do to beat this ticket I have a perfect driving record and would hate to have to pay for this crap.
Help Me!
Well got my first ticket today coming home from work on 400 south in atlanta. Was going 78 in a 55 it was obviously a speed trap. So im sure the cop will be in court that day since he probably pulled over like 80 people today and they all have the same day in court.
I told him the car was impossible to drive under the speed limit but he didn't care.
Is there anything I can do to beat this ticket I have a perfect driving record and would hate to have to pay for this crap.
Help Me!
#4
Re: got my first speeding ticket help me beat the system
Originally posted by del105
I told him the car was impossible to drive under the speed limit but he didn't care.
I told him the car was impossible to drive under the speed limit but he didn't care.
Offer him a ride so he can see for himself.
Otherwise, sorry to hear. Maybe you will get traffic school being thats its your first ticket.
Good luck!
#5
ouch 23 over, welll. Id say he already did you a favor cause if memory serves correctly, 23 is the breaking point from speeding to reckless driving.
heres the GA law on driving for the most part.
40-5-57.
(a) The State of Georgia considers dangerous and negligent drivers
to be a direct and immediate threat to the welfare and safety of the
general public, and it is in the best interests of the citizens of
Georgia immediately to remove such drivers from the highways of this
state. Therefore, the department is authorized to suspend the
license of a driver without a preliminary hearing upon a showing by
the records of the department or other sufficient evidence that the
licensee is a habitually dangerous or negligent driver of a motor
vehicle, such fact being established by the point system in
subsection (b) of this Code section.
(b) For the purpose of identifying habitually dangerous or negligent
drivers and habitual or frequent violators of traffic regulations
governing the movement of vehicles, the department shall assess
points, as provided in subsection (c) of this Code section, for
convictions of violations of the provisions of Chapter 6 of this
title, of violations of lawful ordinances adopted by local
authorities regulating the operation of motor vehicles, and of
offenses committed in other states which if committed in this state
would be grounds for such assessment. Notice of each assessment of
points may be given, but the absence of notice shall not affect any
suspension made pursuant to this Code section. No points shall be
assessed for violating a provision of state law or municipal
ordinance regulating standing, parking, equipment, size, and weight.
The department is required to suspend the license of a driver,
without preliminary hearing, when his driving record identifies him
as a habitually dangerous or negligent driver or as a habitual or
frequent violator under this subsection.
(c)(1)(A) Except as provided in subparagraph (C) of this
paragraph, the points to be assessed for each offense shall be
as provided in the following schedule:
Aggressive driving..................................... 6 points
Reckless driving....................................... 4 points
Unlawful passing of a school bus....................... 6 points
Improper passing on a hill or a curve.................. 4 points
Exceeding the speed limit by more than 14 miles per
hour but less than 19 miles per hour................... 2 points
Exceeding the speed limit by 19 miles per hour or
more but less than 24 miles per hour................... 3 points
Exceeding the speed limit by 24 miles per hour or
more but less than 34 miles per hour................... 4 points
Exceeding the speed limit by 34 miles per hour or
more................................................... 6 points
Disobedience of any traffic-control device or traffic
officer................................................ 3 points
Too fast for conditions................................ 0 points
Possessing an open container of an alcoholic beverage
while driving.......................................... 2 points
Failure to adequately secure a load, except fresh
farm produce, resulting in loss of such load onto the
roadway which results in an accident................... 2 points
Violation of child safety restraint requirements,
first offense.......................................... 1 point
Violation of child safety restraint requirements,
second or subsequent offense........................... 2 points
All other moving traffic violations which are not
speed limit violations................................. 3 points
(B) The commissioner shall suspend the driver's license of any
person who has accumulated a violation point count of 15 or more
points in any consecutive 24 month period, as measured from the
dates of previous arrests for which convictions were obtained to
the date of the most current arrest for which a conviction is
obtained. A second or subsequent plea of nolo contendere,
within the preceding five years, as measured from the dates of
previous arrests for which pleas of nolo contendere were
accepted to the date of the most current arrest for which a plea
of nolo contendere is accepted, to a charge of committing an
offense listed in this subsection shall be considered a
conviction for the purposes of this Code section. At the end of
the period of suspension, the violation point count shall be
reduced to zero points.
(C) A court may order a person to attend a driver improvement
course for any violation for which points are assessed against a
driver's license under this subsection or may accept the
attendance by a person at a driver improvement clinic after the
issuance of a citation for such offense and prior to such
person's appearance before the court, in which event the court
shall reduce the fine assessed against such person by 20
percent, and no points shall be assessed by the department
against such driver. The disposition and court order shall be
reported to the department and shall be placed on the motor
vehicle record with a zero point count. This plea may be
accepted by the court once every five years as measured from
date of arrest to date of arrest.
(2) Any points assessed against an individual for exceeding the
speed limit shall be deducted from that individual's accumulated
violation point count and the uniform traffic citation issued
therefor shall be removed from the individual's record if:
(A) The points were assessed based on the use of a radar speed
detection device by a county or municipality during a period of
time when the commissioner has determined that such county or
municipality was operating a radar speed detection device in
violation of Chapter 14 of this title, relating to the use of
radar speed detection devices; and
(B) The commissioner has suspended or revoked the radar speed
detection device permit of such county or municipality pursuant
to Code Section 40-14-11.
(d) Any person who has such points assessed against him as to
require the suspension of his license pursuant to subsection (a) or
(b) of this Code section shall have his license suspended as
follows:
(1) Upon a first assessment of the requisite points, the period of
suspension shall be one year, provided that at any time after
completion of the requirements set forth in Code Section 40-5-84,
such person may apply to the department for the return of his
license;
(2) For a second assessment of the requisite points within five
years, as measured from the dates of previous arrests for which
convictions were obtained to the date of the most current arrest
for which a conviction is obtained, the period of suspension shall
be three years, provided that at any time after completion of the
requirements set forth in Code Section 40-5-84, such person may
apply to the department for the return of his license; and
(3) For a third assessment of requisite points within five years,
as measured from the dates of previous arrests for which
convictions were obtained to the date of the most current arrest
for which a conviction is obtained, such person shall have his
license suspended for a period of two years. Such person shall
not be eligible for early return of his license or for a limited
driving permit as provided in Code Section 40-5-64 during such
two-year period.
(e) The periods of suspension provided for in this Code section
shall begin on the date the license is surrendered to and received
by the department, or from the date a license is surrendered to a
court under any provision of this chapter, whichever date shall
first occur. If the license cannot be surrendered to the department,
the period of suspension may begin on the date set forth in a sworn
affidavit setting forth the date and reasons for such impossibility,
if the department shall have sufficient evidence to believe that the
date set forth in such affidavit is true; in the absence of such
evidence, the date of receipt of such affidavit shall be
controlling.
you are also going to want to surf around here http://gnsun1.ganet.state.ga.us/serv.../ocgsearch.htm
things to look for... there had to be a speed limit sign posted between where you entered the freeway and where he got you, otherwise that freeway should be considered a 65mph zone.(divided highway)
other things, they cant hit you within like 500 or 1000feet of a speed limit sign(wierd isnt it? has to be there, but cant be too close either)
also they have to have been visible from 500 feet. if he got you as you crested a hill and he was within 500 feet of that hill, it cant stick.
if it was a state trooper that pulled you over, run into court and beg for mercy, none of the above mentioned laws apply to them.
lastly, if none of this applies, hopefully you have a clean record and theyll let you go to driving school if they dont put any points on your liscence. just do whatever you can to avoid insurance hikes, the fines and fees for whatever they do to you is nothing compared to what you insurance is gonna do when they see this ticket on your Z.
good luck.
heres the GA law on driving for the most part.
40-5-57.
(a) The State of Georgia considers dangerous and negligent drivers
to be a direct and immediate threat to the welfare and safety of the
general public, and it is in the best interests of the citizens of
Georgia immediately to remove such drivers from the highways of this
state. Therefore, the department is authorized to suspend the
license of a driver without a preliminary hearing upon a showing by
the records of the department or other sufficient evidence that the
licensee is a habitually dangerous or negligent driver of a motor
vehicle, such fact being established by the point system in
subsection (b) of this Code section.
(b) For the purpose of identifying habitually dangerous or negligent
drivers and habitual or frequent violators of traffic regulations
governing the movement of vehicles, the department shall assess
points, as provided in subsection (c) of this Code section, for
convictions of violations of the provisions of Chapter 6 of this
title, of violations of lawful ordinances adopted by local
authorities regulating the operation of motor vehicles, and of
offenses committed in other states which if committed in this state
would be grounds for such assessment. Notice of each assessment of
points may be given, but the absence of notice shall not affect any
suspension made pursuant to this Code section. No points shall be
assessed for violating a provision of state law or municipal
ordinance regulating standing, parking, equipment, size, and weight.
The department is required to suspend the license of a driver,
without preliminary hearing, when his driving record identifies him
as a habitually dangerous or negligent driver or as a habitual or
frequent violator under this subsection.
(c)(1)(A) Except as provided in subparagraph (C) of this
paragraph, the points to be assessed for each offense shall be
as provided in the following schedule:
Aggressive driving..................................... 6 points
Reckless driving....................................... 4 points
Unlawful passing of a school bus....................... 6 points
Improper passing on a hill or a curve.................. 4 points
Exceeding the speed limit by more than 14 miles per
hour but less than 19 miles per hour................... 2 points
Exceeding the speed limit by 19 miles per hour or
more but less than 24 miles per hour................... 3 points
Exceeding the speed limit by 24 miles per hour or
more but less than 34 miles per hour................... 4 points
Exceeding the speed limit by 34 miles per hour or
more................................................... 6 points
Disobedience of any traffic-control device or traffic
officer................................................ 3 points
Too fast for conditions................................ 0 points
Possessing an open container of an alcoholic beverage
while driving.......................................... 2 points
Failure to adequately secure a load, except fresh
farm produce, resulting in loss of such load onto the
roadway which results in an accident................... 2 points
Violation of child safety restraint requirements,
first offense.......................................... 1 point
Violation of child safety restraint requirements,
second or subsequent offense........................... 2 points
All other moving traffic violations which are not
speed limit violations................................. 3 points
(B) The commissioner shall suspend the driver's license of any
person who has accumulated a violation point count of 15 or more
points in any consecutive 24 month period, as measured from the
dates of previous arrests for which convictions were obtained to
the date of the most current arrest for which a conviction is
obtained. A second or subsequent plea of nolo contendere,
within the preceding five years, as measured from the dates of
previous arrests for which pleas of nolo contendere were
accepted to the date of the most current arrest for which a plea
of nolo contendere is accepted, to a charge of committing an
offense listed in this subsection shall be considered a
conviction for the purposes of this Code section. At the end of
the period of suspension, the violation point count shall be
reduced to zero points.
(C) A court may order a person to attend a driver improvement
course for any violation for which points are assessed against a
driver's license under this subsection or may accept the
attendance by a person at a driver improvement clinic after the
issuance of a citation for such offense and prior to such
person's appearance before the court, in which event the court
shall reduce the fine assessed against such person by 20
percent, and no points shall be assessed by the department
against such driver. The disposition and court order shall be
reported to the department and shall be placed on the motor
vehicle record with a zero point count. This plea may be
accepted by the court once every five years as measured from
date of arrest to date of arrest.
(2) Any points assessed against an individual for exceeding the
speed limit shall be deducted from that individual's accumulated
violation point count and the uniform traffic citation issued
therefor shall be removed from the individual's record if:
(A) The points were assessed based on the use of a radar speed
detection device by a county or municipality during a period of
time when the commissioner has determined that such county or
municipality was operating a radar speed detection device in
violation of Chapter 14 of this title, relating to the use of
radar speed detection devices; and
(B) The commissioner has suspended or revoked the radar speed
detection device permit of such county or municipality pursuant
to Code Section 40-14-11.
(d) Any person who has such points assessed against him as to
require the suspension of his license pursuant to subsection (a) or
(b) of this Code section shall have his license suspended as
follows:
(1) Upon a first assessment of the requisite points, the period of
suspension shall be one year, provided that at any time after
completion of the requirements set forth in Code Section 40-5-84,
such person may apply to the department for the return of his
license;
(2) For a second assessment of the requisite points within five
years, as measured from the dates of previous arrests for which
convictions were obtained to the date of the most current arrest
for which a conviction is obtained, the period of suspension shall
be three years, provided that at any time after completion of the
requirements set forth in Code Section 40-5-84, such person may
apply to the department for the return of his license; and
(3) For a third assessment of requisite points within five years,
as measured from the dates of previous arrests for which
convictions were obtained to the date of the most current arrest
for which a conviction is obtained, such person shall have his
license suspended for a period of two years. Such person shall
not be eligible for early return of his license or for a limited
driving permit as provided in Code Section 40-5-64 during such
two-year period.
(e) The periods of suspension provided for in this Code section
shall begin on the date the license is surrendered to and received
by the department, or from the date a license is surrendered to a
court under any provision of this chapter, whichever date shall
first occur. If the license cannot be surrendered to the department,
the period of suspension may begin on the date set forth in a sworn
affidavit setting forth the date and reasons for such impossibility,
if the department shall have sufficient evidence to believe that the
date set forth in such affidavit is true; in the absence of such
evidence, the date of receipt of such affidavit shall be
controlling.
you are also going to want to surf around here http://gnsun1.ganet.state.ga.us/serv.../ocgsearch.htm
things to look for... there had to be a speed limit sign posted between where you entered the freeway and where he got you, otherwise that freeway should be considered a 65mph zone.(divided highway)
other things, they cant hit you within like 500 or 1000feet of a speed limit sign(wierd isnt it? has to be there, but cant be too close either)
also they have to have been visible from 500 feet. if he got you as you crested a hill and he was within 500 feet of that hill, it cant stick.
if it was a state trooper that pulled you over, run into court and beg for mercy, none of the above mentioned laws apply to them.
lastly, if none of this applies, hopefully you have a clean record and theyll let you go to driving school if they dont put any points on your liscence. just do whatever you can to avoid insurance hikes, the fines and fees for whatever they do to you is nothing compared to what you insurance is gonna do when they see this ticket on your Z.
good luck.
#6
Thanks a bunch Ares I guess I'll go to court and beg for driving school. The info you gave me is a huge help. I'm pushing 30 I wonder how this will actually effect my insurance anyone care to wager a guess?
#7
it wont be pretty. if nothing else, agree to driving school even if theyll knock it down to 2 points instead of 3. the price of driving school is nothing compared to the assraping youll get for years to come.
if you were under 24 or whatever, Id say they might just drop you altogether, but your older, so that shouldnt be a problem.
if you were under 24 or whatever, Id say they might just drop you altogether, but your older, so that shouldnt be a problem.
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#8
A single speeding ticket will increase your insurance - and stays on your record (as far as insurance is concerned) for 3 years.
/comfort
I hope you can get driver's school - I got a ticket a few years ago and actually really enjoyed driver's school. Very informative and it was fun.
/comfort
I hope you can get driver's school - I got a ticket a few years ago and actually really enjoyed driver's school. Very informative and it was fun.
#9
Man it pretty funny driving in metro atlanta for all these years has made me accustom to doing 80 mph everywhere I go. Thats just the speed of traffic in non rush hour. I guess they finally figured out that they can make money by giving people tickets.
#11
.The system is "if you speed and you get caught, you pay the price." No car is imposible to drive under the speed limit. People speed all the time and some of them get caught at it. Sorry you got a ticket, but that's "The system." It's a hard lesson.
What a clown . A guy asks for help and you are playing holier than thou.
Hire an attorney. It will cost anywhere between $350.00 and $700.00 and it is worth every penny ( The attorney only has to show up once). Your attorney will speak to the district attorney explaining how good your driving record is and that he needs to work something out.The D.A. can knock it down to failure to obey a highway sign or give you probation before judgement on the contingency that you go to driving school and do not get another moving violation for a year.
What a clown . A guy asks for help and you are playing holier than thou.
Hire an attorney. It will cost anywhere between $350.00 and $700.00 and it is worth every penny ( The attorney only has to show up once). Your attorney will speak to the district attorney explaining how good your driving record is and that he needs to work something out.The D.A. can knock it down to failure to obey a highway sign or give you probation before judgement on the contingency that you go to driving school and do not get another moving violation for a year.
Last edited by Bobg; 01-20-2003 at 03:29 PM.
#12
It's not the fine that will really hurt you - - it is the points.
Here is a very interesting way to NOT get the points on your record. It was given to me by a relative in Florida and it worked like a charm for him. READ THIS IMMEDIATELY - - - - - - - - -
WHEN THE FINE IS LEVIED AGAINST YOU, PAY IT BY CHECK, BUT PAY ABOUT $5.00 or $10.00 OVER THE FINE AMOUNT OF THE FINE. THE STATE IS LEGALLY BOUND TO REFUND THE EXTRA AMOUNT. WHEN THAT REFUND CHECK ARRIVES, DO NOT CASH IT !!!!!! IF THE CHECK IS NEVER CASHED AND THE ACCOUNT IS NEVER BALANCED, POINTS CAN NOT BE PUT ON YOUR RECORD. THIS REALLY WORKS, AND YOU HAVE NOTHING TO LOSE EXCEPT FIVE BUCKS.
Here is a very interesting way to NOT get the points on your record. It was given to me by a relative in Florida and it worked like a charm for him. READ THIS IMMEDIATELY - - - - - - - - -
WHEN THE FINE IS LEVIED AGAINST YOU, PAY IT BY CHECK, BUT PAY ABOUT $5.00 or $10.00 OVER THE FINE AMOUNT OF THE FINE. THE STATE IS LEGALLY BOUND TO REFUND THE EXTRA AMOUNT. WHEN THAT REFUND CHECK ARRIVES, DO NOT CASH IT !!!!!! IF THE CHECK IS NEVER CASHED AND THE ACCOUNT IS NEVER BALANCED, POINTS CAN NOT BE PUT ON YOUR RECORD. THIS REALLY WORKS, AND YOU HAVE NOTHING TO LOSE EXCEPT FIVE BUCKS.
Last edited by devaraj; 01-20-2003 at 03:34 PM.
#14
Since you aren't getting much help, here is some from someone who has been there, the ticket is not a price you pay for speeding but just more taxation.
Go here:
http://www.ticketclinic.com/results.cfm?state=GA
and pick your county, and select a lawyer, here in florida it usually costs the same or less than the speeding ticket plus court costs and if you have a clean record they garantee no points or your money back. Good luck.
Go here:
http://www.ticketclinic.com/results.cfm?state=GA
and pick your county, and select a lawyer, here in florida it usually costs the same or less than the speeding ticket plus court costs and if you have a clean record they garantee no points or your money back. Good luck.
#15
How to fight
Okay, getting caught is getting caught. That doesn't mean you shouldn't try to fight back a little. The court system is based on an adversarial approach.
First, try to reschedule. Find out what constitutes a good excuse and make it happen. Can your company send you on a trip? Can you schedule some surgery? etc...
As you surmise the cop will be there on the day he specified on all his tickets. On another day the court will have ti subpoena him and he may have to make a special trip. He may choose to write more tickets than come fight just one.
The next step is a matter of judgement. You can just ask for leniency. Or you can get a lwayer and try to fight the actual hearing to. I suggest asking for leniency unless there is anything wrong with the case. Look for mistakes on the ticket for starters.
AndyB
First, try to reschedule. Find out what constitutes a good excuse and make it happen. Can your company send you on a trip? Can you schedule some surgery? etc...
As you surmise the cop will be there on the day he specified on all his tickets. On another day the court will have ti subpoena him and he may have to make a special trip. He may choose to write more tickets than come fight just one.
The next step is a matter of judgement. You can just ask for leniency. Or you can get a lwayer and try to fight the actual hearing to. I suggest asking for leniency unless there is anything wrong with the case. Look for mistakes on the ticket for starters.
AndyB
#16
ALWAYS PLEAD NOT GUILT.
Here is a page you can check out.
http://moneycentral.msn.com/articles...sp?special=msn
Hope this page helps. Pretty useful stuff. I got a speeding ticket in Dec. (must have been quota catchup) But I have a court date on June. So we are probably on the same boat. Never plead guilty, Fight fight fight.
Here is a page you can check out.
http://moneycentral.msn.com/articles...sp?special=msn
Hope this page helps. Pretty useful stuff. I got a speeding ticket in Dec. (must have been quota catchup) But I have a court date on June. So we are probably on the same boat. Never plead guilty, Fight fight fight.
#18
Wow those Georgia laws are tough. I got pulled over doing 95 in a 65. He he I actually passed the cop as he was pacing someone else doing 85, I didnt see him obviously. The first thing he said to me was "Its not everyday I get passed." ANyways I asked the CHP officer if the repurcussions would be any worse since I was going so fast. He said here in California anything from 66?@99 mph over is the same. Reckless driving doesnt even apply until you hit 100.
#19
Im not sure if your totally right, but GA is the same way, 35mph is reckless driving, and thats 100mph in a 65, but there is aggressive driving under that. since california has some of the strictest laws in USA Id be suprised it they didnt have variable point amounts for different levels of speeding.
#20
Re: got my first speeding ticket help me beat the system
Originally posted by del105
Well got my first ticket today coming home from work on 400 south in atlanta. Was going 78 in a 55 it was obviously a speed trap. So im sure the cop will be in court that day since he probably pulled over like 80 people today and they all have the same day in court.
I told him the car was impossible to drive under the speed limit but he didn't care.
Is there anything I can do to beat this ticket I have a perfect driving record and would hate to have to pay for this crap.
Help Me!
Well got my first ticket today coming home from work on 400 south in atlanta. Was going 78 in a 55 it was obviously a speed trap. So im sure the cop will be in court that day since he probably pulled over like 80 people today and they all have the same day in court.
I told him the car was impossible to drive under the speed limit but he didn't care.
Is there anything I can do to beat this ticket I have a perfect driving record and would hate to have to pay for this crap.
Help Me!