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Is traffic citation justified

Marietta, GA |
Filed under: Personal injury

I rear ended a motorized scooter on public road in GA. Turns out scooter was not registered, driver had no licence and not insurance. Yet I was cited for following too close. I want to fight the citation since the scooter should never have been on the public road and was illegal in every sense.

Attorney Answers 3


  1. While I don't practice in Georgia so I can't say for certain, generally you can be cited for having violated the law regardless of the illegalities you cite about the vehicle you rear ended. The fact that the other drive didn't have license, insurance and the vehicle wasn't registered may subject the other driver to a citation and penalties, but your driving in a fashion that violated state laws is a separate matter that can also be penalized. Lets see if a Georgia attorney weighs in with something more specific to your state...

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  2. It depends. What does GA say is a "motorized scooter?" From your fact pattern, it appears that you may be at fault for rear ending the "motorized scooter" on a public road. Unless you can prove that the scooter driver was negligent in his actual operation of the motorized scooter, you may be issued a citation. In GA, if it is illegal to operate an unregistered, uninsured "motor scooter" and the driver is unlicensed, the Police should have issued a citation/arrested the driver in accordance with GA law. Different states have different road rules and different definitions of dealing with "motorized scooters." You should consult with a GA attorney and see what the GA statutes say. Good Luck.


  3. You appear to be in the wrong. You would need to be able to prove he did something to cause you to run into the back of him.

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