Traffic Ticket Legal Advice?

[Mr Egg Rollllll]

It's a bit of a read, but I appreciate what anyone can do.



I got a ticket the day before Thanksgiving and I was wondering if anyone could clear some things up / give me some advice on what would be the best thing to do.

I'm pretty sure most of you know about the interstate construction in Coweta county. Wednesday(Nov 25), I was getting on I-85 Northbound to go back to work, got onto the on ramp that is surrounded by barriers, merged into the 1st of 2 lanes available to me, and proceeded to accelerate(slowly) to my normal interstate speed of 70 mph. I continued for maybe 1/2 mile until the highway reaches a "peak" of a hill where 3 Coweta County Deputy cars were waiting between 1/8-1/4 of a mile clocking cars coming over the ridge. There is also a sign for 50 mph 10-20 feet further down the highway from them. I immediately slow down to 50 mph, but by that time 1 officer had already flipped his lights and proceeded to pull me over. He told me that I was clocked at 72 mph and that the speed limit was 50 mph. I then asked him if there were any speed limit signs before the 1 close to them and he said yes there are. I had no recollection of any speed limit signs on the on ramp or interstate prior to the 1 behind the cops. He wrote me a ticket for "maximum limit" and then let me go on my merry little way. I know I should have checked for accuracy on the radar gun, but I was too pissed() to think straight.

Now here's where I'm a little fuzzy on what's legal or what not. I went back to the same place about 20 minutes later to look for signs of any sort and I found no speed limit signs nor construction signs whatsoever. Now that was the first time I've been on the interstate in that section in God know when and I didn't know the extent of the construction. If there would have been signs for 50 mph, I would have obeyed them. I just accelerated to what I thought was the 70 mph national interstate speed(if there are no speed limiting signs). I also now know about 50 mph being the speed limit for construction zones on interstates, but if there are no signs that show construction zones, what can one do?

I know that it's probably just a revenue gainer, but I don't think that was very fair at all.

Any help or would be awesome and repped, I just want to know what my best option would be. And if this is in the wrong section, I apologize. I didn't know where else to put this, but I guess I could consider this a "rant".

[allout13]

proof that there are no signs on that part of the interstate may be to your benefit

[quickdodge®]

You said this:

got onto the on ramp that is surrounded by barriers, merged into the 1st of 2 lanes available to me,

And then you said this:

to look for signs of any sort and I found no speed limit signs nor construction signs whatsoever.

Did you think that the barriers and all that all over the highway was part of the Highway Beautification Project?

There is no way you can sit there and say that you had no idea you were pulling onto the freeway in a construction zone. I drive a semi truck up and down that stretch sometimes 5-6 times a day, man. There is a 30 mile stretch of construction zone there, completely identifiable by everything from signs to equipment to the carved up roadways. And it is (supposed to be) known that construction zone speed limits are significantly less than regular posted limits. I bet you there was a sign on the on ramp as well. I know because I always see them as I'm passing them.

I'm not trying to come down on you, homey, so don't take my words as such. Just trying to let you know that you're probably stuck in a ticket that is NOT just a revenue gainer. Later, QD.

[Mr Egg Rollllll]

You said this:



And then you said this:



Did you think that the barriers and all that all over the highway was part of the Highway Beautification Project?

There is no way you can sit there and say that you had no idea you were pulling onto the freeway in a construction zone. I drive a semi truck up and down that stretch sometimes 5-6 times a day, man. There is a 30 mile stretch of construction zone there, completely identifiable by everything from signs to equipment to the carved up roadways. And it is (supposed to be) known that construction zone speed limits are significantly less than regular posted limits. I bet you there was a sign on the on ramp as well. I know because I always see them as I'm passing them.

I'm not trying to come down on you, homey, so don't take my words as such. Just trying to let you know that you're probably stuck in a ticket that is NOT just a revenue gainer. Later, QD.

There wasn't a single sign between the cops and Hwy 34(on ramp). Me and about 6 other people have made sure of it.

And the barriers stop right after you merge from the on ramp...so it's clear sailing from there till the Sharpsburg exit I believe or right before it. I might have forgotten to mention that part, but it almost looks like just a 2 lane highway with a huge right shoulder now.

[Atlblkz06]

If there isnt a sign, its not a construction zone. Plead not guilty.

Go down the street ASAP - take a video and add commentary that there isnt a single damned sign. Go back and get the nearest speed limit sign before the construction so you can prove that the speed limit is 70. You were not told that you were in a construction zone and the law has no provision for "common sense".

[Mr Egg Rollllll]

If there isnt a sign, its not a construction zone. Plead not guilty.

Go down the street ASAP - take a video and add commentary that there isnt a single damned sign. Go back and get the nearest speed limit sign before the construction so you can prove that the speed limit is 70. You were not told that you were in a construction zone and the law has no provision for "common sense".

There's technically construction before the exit, so the next 70 in about 3 exits south of the Newnan exit?

[Browning151]

O.C.G.A. § 40-14-7

GEORGIA CODE
Copyright 2009 by The State of Georgia
All rights reserved.
*** Current through the 2009 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. § 40-14-7 (2009)
§ 40-14-7. Visibility of vehicle from which device is operated

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.

HISTORY: Ga. L. 1968, p. 425, § 7; Ga. L. 1978, p. 1968, § 1; Ga. L. 1989, p. 586, § 1; Ga. L. 1992, p. 2785, § 30.

If you really want to fight it, thats probably your best bet since you said they were clocking people coming over a hill, but you will have to prove they were less than 500 ft. from the top of the hill and even then you probably won't get far since it is within a work zone, or you can try to show that its not designated as a work zone with proper signs. Good luck either way.

[Mr Egg Rollllll]

If you really want to fight it, thats probably your best bet since you said they were clocking people coming over a hill, but you will have to prove they were less than 500 ft. from the top of the hill and even then you probably won't get far since it is within a work zone, or you can try to show that its not designated as a work zone with proper signs. Good luck either way.

I saw that looking around, but I think there were a hair over 500 ft. I'm going to go back and measure this weekend to make sure though. Thanks for seeing that as well.

[quickdodge®]

If there isnt a sign, its not a construction zone. Plead not guilty.

Go down the street ASAP - take a video and add commentary that there isnt a single damned sign. Go back and get the nearest speed limit sign before the construction so you can prove that the speed limit is 70. You were not told that you were in a construction zone and the law has no provision for "common sense".

Here's what's wrong with your theory. The construction zone starts at about mile marker 32 and ends at mile marker 61. North and South. There are markers all up and down that 29 mile stretch. Both directions. It is clearly a zone. This will be tough to beat.

Good luck to the OP, though. Later, QD.

[Mr Egg Rollllll]

Here's what's wrong with your theory. The construction zone starts at about mile marker 32 and ends at mile marker 61. North and South. There are markers all up and down that 29 mile stretch. Both directions. It is clearly a zone. This will be tough to beat.

Good luck to the OP, though. Later, QD.

Keep in mind that this all happened within about a mile from the on ramp. There was a construction zone sign about 1/2 mile after the cops, but none before. There could be another sign before the on ramp that isn't visible to merging traffic. I'm not sure if that helps me at all though.

[Jecht]

Best bet would be to get a lawyer, get as much proof as you can, and then see if you can get them to drop it when shown the proof. I doubt you'd be able to get them to drop the ticket though.

[marcos713]

http://importatlanta.com/forums/showthread.php?t=234351

pg2 on this thread might help you. i saved this awile back incase i ever needed it. hope it helps out!