78 in a 55 in DeKalb. Beware of speed trap on 85!

[CSquared]

Anyone else see the crazy speed trap on 85 this morning? I forget which exit but they had one guy scanning from the overpass and another 5-6 guys going out to get the speeders.

So my fiance got caught doing 78 in a 55. This is her first offense in a number of years (I think at least 2-3).

What's our best course of action? Can you plead nolo in dekalb? Is it worth it?

Don't necessarily care about the points... the $300 fine will hurt though.

[georgieboi]

I always thought that the officer that saw you speeding and clocked you is suppose to ticket you, other wise how can a different officer prove you was speeding, but I was wrong. Gl man

[tnomud]

huh.....i run through there at 85+ every morning...... at 6am though

[Nismo]

23 over? Doesnt that get you the super speeder thing now also?

[David88vert]

Nolo could technically be used, but I would not recommend it for such a low speeding ticket. Nolo is pleading guilty, without officially pleading guilty. You would still have to pay the fine, but you would not be assessed the points (providing that the judge accepts your Nolo plea).
Generally, since Nolo can only be used once every 5 years, you should save it for when you really might need it - not for a simple speeding ticket.

Here is a list of DeKalb's codes and fines: http://web.co.dekalb.ga.us/dcrc/pdf/fines_fees.pdf

Your best course of action is to consult with a lawyer. Unfortunately, even if she was completely innocent, there is no way out of spending money. The system does not work to your benefit, but to the state's benefit.

[David88vert]

I always thought that the officer that saw you speeding and clocked you is suppose to ticket you, other wise how can a different officer prove you was speeding, but I was wrong. Gl man

No, a different officer can ticket you, but if the officer who tickets you is NOT the same as the one who clocked you, BOTH need to show up to court. If one is missing, you can ask for a dismissal of charges; however, the judge may grant that, or he may issue a continuence.


23 over? Doesnt that get you the super speeder thing now also?

No, it is 85 and over on the interstate. http://www.safespeedsgeorgia.org/

[CSquared]

Yeah the lawyer is out for me. Prob wind up costing more. I though the same thing about the one officer scanning and the other one going out. Cars were packed pretty tight too when it happened so im hoping we can spin that somehow. Guy scanning was also scanning through the chain link fence on the overpass.

[David88vert]

There are many ways that you can fight it.
First, know that both officers need to be present in court. If they are, ask for a continuance. 2 cops against your girlfriend's word means almost 100% certainty that you will lose before the judge if you do not have a lawyer.
Both of their names should be on the ticket, so you should be able to look for them in the court. If one is out, you will want to ask for a dismissal of charges, as you have the legal right to examine the accuser (officer) on the stand.

Second, where they using radar or laser? It is important, and should be on the ticket.
If radar, did he offer to show her the reading?
If radar, you can subpeona the records for the calibration, plus the certification of the officer. You need to have those documents prior to going into court, if you are going to use that defense though. You will also need to look up the manufacturers specs to make certain that he was not too far away, or too close. You also will need to take photos of the scene, with a way to show distance.

[CHADbee]

*In before somebody claims you are the biggest piece of shit to walk the earth and deserve instant death for breaking the law*

[cactusEG]

Start driving slower

[DynamicSound]

Second, where they using radar or laser? It is important, and should be on the ticket.
If radar, did he offer to show her the reading?
If radar, you can subpeona the records for the calibration, plus the certification of the officer. You need to have those documents prior to going into court, if you are going to use that defense though. You will also need to look up the manufacturers specs to make certain that he was not too far away, or too close. You also will need to take photos of the scene, with a way to show distance.

This is how I got radar thrown out on one of my cases, the prosecution needs to bring all documents showing the radar/laser was legal to use and calibrated. In my case, it was 8 documents...they only had 2. So it was thrown out. However, the officer can then testify that they visually clocked you going that speed and that can hold up.

[David88vert]

This is how I got radar thrown out on one of my cases, the prosecution needs to bring all documents showing the radar/laser was legal to use and calibrated. In my case, it was 8 documents...they only had 2. So it was thrown out. However, the officer can then testify that they visually clocked you going that speed and that can hold up.

Visual is simple. Throw a pencil across the room and ask him to tell you how fast it was going - exactly. It's not possible for them to visually clock you without something calibrated to reference it by, hence, all of the cars have calibrated speedometers. If he was on a bridge clocking, he cannot say that he could visually tell that you were speeding without a calibrated reference.

[CSquared]

Start driving slower

Normally I do, but we were on our way to have a 3some with your sister.

[DynamicSound]

Visual is simple. Throw a pencil across the room and ask him to tell you how fast it was going - exactly. It's not possible for them to visually clock you without something calibrated to reference it by, hence, all of the cars have calibrated speedometers. If he was on a bridge clocking, he cannot say that he could visually tell that you were speeding without a calibrated reference.

True, but legally it is acceptable and the judge might allow it.

[CSquared]

Ill have to look again but im pretty sure there is only one signature.

How you know all this shit? You pulling it somewhere offline or are you IA's brian spillner?

[tnomud]

Start driving slower

morning commuters run pretty hard. I usually run 80-100 most of the way to and from work and rarely pass anyone. Right lanes crawl, left lanes run hard....on each others bumpers.

[David88vert]

True, but legally it is acceptable and the judge might allow it.

Any judge that accepts an officer's visual "clocking" without it being checked against time marking (the lines on the road that police aircraft use for enforcement), calibrated speedometers, radar, or laser, is running a kangaroo court. If you run into a judge that is running a kangaroo court, have the case bound over to a higher court, and get a real judge. There are laws and a process for dealing with this.

[David88vert]

Ill have to look again but im pretty sure there is only one signature.

How you know all this shit? You pulling it somewhere offline or are you IA's brian spillner?

I actually read the Georgia Code, and retain that knowledge to be able to know my rights whenever I cross paths with police officers. I've met too many corrupt cops to trust them to treat me correctly. Most of the officers that I have met over the years do not know the law as well as they should, considering it is their job.

You should learn the Georgia Code, if you want to protect yourself legally. If you want to read the Georgia Code, it is posted online: http://www.lexisnexis.com/hottopics/gacode/

[.blank cd]

I've had that page bookmarked. Best website in the world.

[afterfire]

I actually read the Georgia Code, and retain that knowledge to be able to know my rights whenever I cross paths with police officers. I've met too many corrupt cops to trust them to treat me correctly. Most of the officers that I have met over the years do not know the law as well as they should, considering it is their job.

You should learn the Georgia Code, if you want to protect yourself legally. If you want to read the Georgia Code, it is posted online: http://www.lexisnexis.com/hottopics/gacode/



That right there, and if you carry a gun know those laws too. Its SCARY how many police officers don't!

[Austin?]

I away have the ga firearm code book marked into my phone.

[Julio]

Break law... Pay the fine... Move along.

[Scotsman]

Break law... Pay the fine... Move along.this

[CSquared]

this

This.

[Scotsman]

This.that

[CSquared]

that


http://youtu.be/XQ7z57qrZU8

[Scotsman]

Walken FTW

[tnomud]

That right there, and if you carry a gun know those laws too. Its SCARY how many police officers don't!


THIS

[cactusEG]

Normally I do, but we were on our way to have a 3some with your sister.
Oh wow clever post. You really showed me...

[tnomud]

Oh wow clever post. You really showed me...

I lol'd and put coffee through my nasal passages........... I repped him for it.............

[CSquared]

Oh wow clever post. You really showed me...

Lol I thought so too. Thanks.