56 mph in a 35 mph zone, motorcycle cop with laser gun, tagged after going around a curve on southbound GA9 after GA120. No posted speed limit. Road design forces you to use a marked right-turn-only lane to accelerate into traffic. Lane was also congested with cones due to sidewalk construction. Have photos. Typical traffic speed is 45-50 mph. I emailed the City of Roswell and via return email they agreed to install a speed limit sign and plan to correct the lane markings. Is there a minimum straight line distance required to measure speed? How should I plead and negotiate with the solicitor? I have a certified copy of clean 7 year driving record, and 16 years in GA with no tickets. Thank you.
Personal Injury Lawyer
If the speed is reduced to 49 mph in a 35 mph zone, the ticket will not go on your record and no points should be assessed against your license. In the State of Georgia, speeding tickets for 14 mph over the posted limit or less are not reported to the State. You may want to bring the documentation you discussed (email from the city); however, the prosecutor (who is very reasonable) still may not be swayed.
When you go to court in the City of Roswell you will line up and speak with a clerk who will let you know if the prosecutor has already agreed to reduce the speed. If not, you can ask for a pre-trial conference so you have a chance to speak directly with the prosecutor. You can bring a copy of your driving record, but she should have a copy of it in her file. If you want to fight the ticket, you will probably need to request a trial or hire an attorney and have the attorney argue the case for you.
In case you want to see the actual Georgia Code sections dealing the charge of speeding (Article 9 of Chapter 6 of Title 40 - see 40-6-181 and other sections in Article 9), I have included a link to the Georgia Code below.
Other code sections that may be helpful for your research include:
40-14-7: "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."
40-14-9: "...No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent."
One hint: Roswell tries to deal with people in the order that they line up at the security station right outside of the courtroom. Try to get to court early so you can get a spot towards the front of the line if you want to avoid being there all morning.
If I can be of service to you, please do not hesitate to contact me to set up a free consultation.
DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be, created until a valid engagement agreement is signed. Answers posted here are general and made with limited knowledge of the actual facts of your case. Always speak with an attorney licensed to practice law in your jurisdiction if you wish legal advice specific to your case.
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There are many different ways an attorney might fight this charge. If you go it alone, you are basically relying on the sympathy of the prosecutor (never a good idea), as they know you don't have the legal training to beat them in a trial. Yes, there is a minimum distance at which the officer using the Speed Detection Device must be visible to you when they check your speed. It may be possible to either get the ticket reduced, or at least have no points issued against your license. My advice - get an attorney experienced in dealing with the solicitor in Roswell. She is nice, but she doesn't roll over for a sob story.
M. Jason Rhoades
2 lawyers agree
Criminal Defense Attorney
You really can't teach someone on the web what years of experience can offer. It sounds like you might have good defenses or at least some mitigating issues. Hire an experienced traffic defense attorney and let them fight it for you.
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