I need your help - Speed Ticket

**ARFNSX** · 01-13-2009, 03:57 PM

I got a speeding ticket (yes again) in Cobb Co this time.

I was coming down hill on a four lane road, the officer was at the bottom and clocked me by laser doing 15 or 16mph faster than the posted speed limit. (51mph in a 35zone)

I have heard many time there is a statue that states if you are coming down a hill with more than 4-7% incline, then they will throw it out.

A.) Is this true, have anyone else heard this ?

B.) What is that Statue?

My ticket was speeding 40-6-181

Thanks for your help!

**ironchef** · 01-13-2009, 03:58 PM

IIRC the incline rule is 10%. But, hopefully for your sake it is 4-7%. Good luck with it man.

**redrumracer** · 01-13-2009, 04:11 PM

hmmmmm good info potentially

**osnap** · 01-13-2009, 04:15 PM

any idea what the grade on the hill actually is? guesstimate?

**collins** · 01-13-2009, 04:19 PM

Alex you're right about there being a statute like that. Pm ruiner... He usually knows legal things pretty well. But damn dude!!! U keep this up and ur gonna have to sell me the nsx for the low low!

**collins** · 01-13-2009, 04:21 PM

Oh yeah... Iirc, it's 7% grade. That's what I tried a few years back up in lumpkin co. but it was only a 3-4% grade on that one

**SiRed94** · 01-13-2009, 04:40 PM

I believe if you speed past the cop in reverse next time, it will negate the current ticket.

**osnap** · 01-13-2009, 04:42 PM

Originally Posted by SiRed94

I believe if you speed past the cop in reverse next time, it will negate the current ticket.

**JDMJAYDC2** · 01-13-2009, 04:46 PM

just give the judge a ride problem solved

id just pay this one if you dont want to shell out money for a baller lawyer again

**changaroo** · 01-13-2009, 04:50 PM

LOL give me the nsx, its giving you too much trouble.

**ARFNSX** · 01-13-2009, 06:17 PM

I need to find the statute in the georgia code book so I can bring it into court. The grade is about 8% but I need to know what the exact number is to dismiss the ticket.

**dtmcnamara** · 01-13-2009, 06:36 PM

why not just pay it and get it over with?

15 over = 0 points...right?

unless its like a $300 ticket

**osnap** · 01-13-2009, 06:39 PM

Originally Posted by dtmcnamara

why not just pay it and get it over with?

15 over = 0 points...right?

unless its like a $300 ticket

...why pay it when it may be easily dismissible? that would just be a waste of money.

**ironchef** · 01-13-2009, 06:39 PM

Originally Posted by dtmcnamara

why not just pay it and get it over with?

15 over = 0 points...right?

unless its like a $300 ticket

14 over is 0, 15 is 3 points I believe.

**dtmcnamara** · 01-13-2009, 06:40 PM

Originally Posted by ironchef

14 over is 0, 15 is 3 points I believe.

damn it jumps up that fast

PS- generally when you fight it and you loose they stick it to ya....been on the wrong end of the stick many times back in the day...lol

**KREEP** · 01-13-2009, 06:53 PM

Originally Posted by dtmcnamara

damn it jumps up that fast

PS- generally when you fight it and you loose they stick it to ya....been on the wrong end of the stick many times back in the day...lol

Yeah I just got one for 14 over and no points for me! whew thank god! Last one also no points ftw

**Halfwit** · 01-13-2009, 06:58 PM

just speed by him again.

its double jeopardy law, they cant try you for the same crime twice.

and then you can argue that you are being harassed.

**Kaiser** · 01-13-2009, 06:59 PM

Originally Posted by ARFNSX

I need to find the statute in the georgia code book so I can bring it into court. The grade is about 8% but I need to know what the exact number is to dismiss the ticket.

What's the intersection? I live in Cobb and know most of that area pretty well.

Some Resources.

The O.C.G.A (Official Code of Georgia, Annotated) is available free from the State Government, as ignorance of the law is never a valid defense in the state of Georgia, one has access to the primary source and can do your own research.

You can, using your ticket code (40-6-181) Find the exact statute you were given a ticket under. Title 40 (Motor Vehicles and Traffic) Chapter 6 (Uniform Rules of the Road) no. 181 (Which is in Article 9, by the way) Which is sets out a bunch of rules and then states that these can be modified by 40-6-182, 40-6-183, 40-6-188.

188 is Highway work zones, 182 is "State Speed Zones" and 183 is alteration of speed limits by local authorities.

The "Basic rules" 40-6-180 (Which we often see people cited under for "Driving Too Fast for Conditions" or "Driving faster than is prudent.") states specifically that traversing a hill-crest is one of those times when conditions of the roadway would suggest that you slow down, meaning the posted speed limit is often too high for the situation, as well as rainy conditions or at night when lighting and visibility are poor. This is how cops cite people for going ~the speed limit~ with speeding tickets (Too Fast for Conditions is pretty common actually).

Even after checking Article 11 (Miscellaneous Provisions) and reading the rule about coasting, which simply says not to cost out of gear, (40-6-246) I can't find any statute about steep grade hills and speeding tickets. I've provided where I looked and where everyone else can scour too, I've had a long day at work and my mind is fried, so maybe someone else can find it. Have at, there's your best bet besides calling a lawyer. It may even be hidden in a different chapter, though that seems odd.

**Nitro** · 01-13-2009, 07:04 PM

Originally Posted by Halfwit

just speed by him again.

its double jeopardy law, they cant try you for the same crime twice.

and then you can argue that you are being harassed.

lol

**Danzo** · 01-13-2009, 07:30 PM

Originally Posted by Halfwit

just speed by him again.

its double jeopardy law, they cant try you for the same crime twice.

and then you can argue that you are being harassed.

Best solution ever.

**keevo54** · 01-13-2009, 08:07 PM

its a bitch though bc u have to have topography maps and an expert witness I do belive....but i could be wrong

**ARFNSX** · 01-13-2009, 08:28 PM

Originally Posted by Kaiser

What's the intersection? I live in Cobb and know most of that area pretty well.

Some Resources.

The O.C.G.A (Official Code of Georgia, Annotated) is available free from the State Government, as ignorance of the law is never a valid defense in the state of Georgia, one has access to the primary source and can do your own research.

You can, using your ticket code (40-6-181) Find the exact statute you were given a ticket under. Title 40 (Motor Vehicles and Traffic) Chapter 6 (Uniform Rules of the Road) no. 181 (Which is in Article 9, by the way) Which is sets out a bunch of rules and then states that these can be modified by 40-6-182, 40-6-183, 40-6-188.

188 is Highway work zones, 182 is "State Speed Zones" and 183 is alteration of speed limits by local authorities.

The "Basic rules" 40-6-180 (Which we often see people cited under for "Driving Too Fast for Conditions" or "Driving faster than is prudent.") states specifically that traversing a hill-crest is one of those times when conditions of the roadway would suggest that you slow down, meaning the posted speed limit is often too high for the situation, as well as rainy conditions or at night when lighting and visibility are poor. This is how cops cite people for going ~the speed limit~ with speeding tickets (Too Fast for Conditions is pretty common actually).

Even after checking Article 11 (Miscellaneous Provisions) and reading the rule about coasting, which simply says not to cost out of gear, (40-6-246) I can't find any statute about steep grade hills and speeding tickets. I've provided where I looked and where everyone else can scour too, I've had a long day at work and my mind is fried, so maybe someone else can find it. Have at, there's your best bet besides calling a lawyer. It may even be hidden in a different chapter, though that seems odd.

I75 SB exit Cumberland Parkway (Blvd), turn left (away from the mall) and going down the sweeping left turn is where I got clocked.

thanks

**Browning151** · 01-13-2009, 08:52 PM

Originally Posted by Georgia Motor Vehicle and Traffic Code

GEORGIA CODE

*** Current through the 2008 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. § 40-14-9 (2008)

§ 40-14-9. Evidence obtained in certain areas inadmissible; use of device on hill

Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place, except that this 30 day limitation shall not apply to a speeding violation within a highway work zone, as defined in Code Section 40-6-188. 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.

HISTORY: Ga. L. 1968, p. 425, § 6; Ga. L. 1970, p. 435, § 5; Ga. L. 1978, p. 2256, § 1; Ga. L. 1979, p. 771, § 2; Ga. L. 1989, p. 586, § 1; Ga. L. 2003, p. 450, § 6.

Good Luck

**ARFNSX** · 01-14-2009, 08:44 AM

Originally Posted by Browning151

Good Luck

thank you very much!!!!

you are my new best friend!!!

I will let you know how it goes in court!

**IndianStig** · 01-14-2009, 09:06 AM

Just go to court and ask for a reduction or community service, they should knock the speed down or give you community service and you will get away with no point sadded on your license.

**Jaimecbr900** · 01-14-2009, 09:15 AM

Ummm, Alex.....you have gotten your share of tickets lately, so why not use some of those neat electronic gadgets????.....like RD's and Laser shifters???? They work.

GL in court. You should take a topo map of the road, if such thing is available, to prove it's more than 7%.

**ARFNSX** · 01-14-2009, 09:26 AM

Originally Posted by Jaimecbr900

Ummm, Alex.....you have gotten your share of tickets lately, so why not use some of those neat electronic gadgets????.....like RD's and Laser shifters???? They work.

GL in court. You should take a topo map of the road, if such thing is available, to prove it's more than 7%.

I do have a map showing the grade. I just needed the O.C.G.A. Code.

This ticket was 6 days after my other ticket. It is now just going to trial.

I have been keeping under the speed limit lately, I can't afford anymore lawyers or court fines. I got raped enough the last time.

**IndianStig** · 01-14-2009, 09:33 AM

Visit these get one of the combo systems or a couple of valentines for your cars!

http://www.1stradardetectors.com/index.php

**Jaimecbr900** · 01-14-2009, 09:53 AM

Originally Posted by ARFNSX

I have been keeping under the speed limit lately, I can't afford anymore lawyers or court fines. I got raped enough the last time.

Pffft......forget slowing down, my friend. THIS is what you need:

http://www.1stradardetectors.com/pro...-360/index.php

That is the mack daddy's DADDY of RD/Laser jamming....

**ARFNSX** · 01-14-2009, 02:05 PM

I just got from court, the officer is no longer working with the Cobb Co. Police Department...

CASE DISMISSED!!!!!

**ARFNSX** · 01-14-2009, 02:07 PM

:boobies: :boobies: :boobies: :boobies: :boobies: :boobies: :boobies:

YES. I'M KINDA HAPPY!!!

**Princess12** · 01-14-2009, 02:21 PM

Congrats! Didn't even have to fight it... you just had to show up.

**Psycho** · 01-14-2009, 02:32 PM

Originally Posted by Jaimecbr900

Pffft......forget slowing down, my friend. THIS is what you need:

http://www.1stradardetectors.com/pro...-360/index.php

That is the mack daddy's DADDY of RD/Laser jamming....

I would buy that in a heart beat if I wasn't moving out in feb. Gotta save all my cash

**collins** · 01-14-2009, 02:34 PM

atta boy alex! lol now dont get caught again...

**Kaiser** · 01-14-2009, 07:47 PM

Originally Posted by Browning151

Good Luck

Thanks, like I said I thought it was in there somewhere but couldn't find it. Good looking to have found it where it seemed to be obvious, even though I didn't think of looking in the areas talking about detection devices. I should have though!

Glad it all got sorted out either way, I agree with you, that is a NASTY speed trap, mind sharing where you got the Topo map for the rest of us cobb-county livers?

**ShooterMcGavin** · 01-15-2009, 09:23 AM

statute alex, statute, not a statue.

**ShooterMcGavin** · 01-15-2009, 09:23 AM

btw gl w/the ticket

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