Duluth speeding ticket??!?!?!?!?!

[2.0civic]

i have noticed that everytime ive been pulled over (3 times not including sobriety checkpoints) they are normally as respectful as you are to them. just my 2 cents

[Ruiner]

LIRL, dont even get ruiner started on ticket/police threads....i think thats were about half his posts are...


LIRL, just playing ruiner but for real, are you an ex cop or something?? how do you know so much about the laws?

My father was a judge for almost 20 years and is still a practicing attorney. My brother just graduate law school and is now practicing. Why I didn't become a lawyer, I dunno. I have sat in court since age 5 or so up until around age 25. When you are around the laws for so many years, you start to pick them up. Couple that with my own research and I can tell you a lot about GA laws; the ins and outs and whatnot.

I just like to sit and laugh at the wrong assumptions about the law, that's all. The "urban legends" of sorts. Like the assumption that a cop has to show you the radar... No, no he does not. Why you ask? It's a safety issue. To have you come back to the car could endanger both you and him as cars pass by. It isn't going to happen.

[2.0civic]

cool beans. What do you do then? LIRL, not rtying to pry just curious cause i needa porshe

[VTECin5th]

Big Deal just pay the fine and move the fuck on

[Ruiner]

cool beans. What do you do then? LIRL, not rtying to pry just curious cause i needa porshe

I work as an architect in the IT field. My Porsche is for sale, so buy it if you want one.

[Ruiner]

Maybe not asking to look at his "radar thing" and asking "May i please check the calibration of your radar gun" would sound a bit better.

Two different things: one involves looking at the speed that flashed up and the other involves checking the calibration, but it will not show you the speed that you were clocked at.

The latter of the two is a legit request by GA law.

[Decker1.8t]

Umm, how did you get a ticket for going 7mph over? What were the circumstances? Were you in a construction zone, school zone, or residential area?

it was on p'tree ind going north right b4 pleasant hill. They have like 5 diff hiding spots. no construction, no school, no residential. it's a main road.

about radar accuracy ... I think on the Duluth tickets, it says something like "request radar accuracy?" ... so they give you the option to request it.

I'll try and find a copy of one of my old tickets.


Edit: I guess the accuracy would be "check calibration"

[Ruiner]

it was on p'tree ind going north right b4 pleasant hill. They have like 5 diff hiding spots. no construction, no school, no residential. it's a main road.

about radar accuracy ... I think on the Duluth tickets, it says something like "request radar accuracy?" ... so they give you the option to request it.

I'll try and find a copy of one of my old tickets.


Edit: I guess the accuracy would be "check calibration"

Yes, that is what you get to check for...

As for the ticket, GA law does not allow for radar to be used for speeds 10mph or less unless in a special "zone" such as mentioned above. Now, unless it was GSP, then you should not have gotten a ticket for 7mph over if radar was used...

[Decker1.8t]

like I said. They're assholes. I'll try and find the copies I made of my old tickets.

[2.0civic]

those arent really hiding spots along PIB...those are broad daylight and 7 over is kinda f'ed up anyway but other than that, just keep your eyes peeld

[Ruiner]

like I said. They're assholes. I'll try and find the copies I made of my old tickets.

Yeah, that would be interesting. They aren't assholes if they did it by the book, though.

Did they use laser? Radar? Pacing? Visual accuracy? Was it local or state patrol? etc

Those points make a difference... I'd like to see the actual ticket code and what was written down as the infraction (plus the circumstances).

[Dominic49]

I'm surprised you didn't get a ticket for unlawful transporting a farm animal, also. Later, QD.

:-D

[Decker1.8t]

Yeah, that would be interesting. They aren't assholes if they did it by the book, though.

Did they use laser? Radar? Pacing? Visual accuracy? Was it local or state patrol? etc

Those points make a difference... I'd like to see the actual ticket code and what was written down as the infraction (plus the circumstances).

laser I think. local city of duluth police. still looking for the scans.

[incawarrior]

Two different things: one involves looking at the speed that flashed up and the other involves checking the calibration, but it will not show you the speed that you were clocked at.

The latter of the two is a legit request by GA law.

Troof... more info here.. http://thegeorgiaspeedingticketkille...radar_test.php

Your Rights to a Radar Accuracy Test page

In the state of Georgia, Georgia law under Georgia code 40-14-5(b) pertinently requires that before a law enforcement officer issues you a speeding citation, he must first offer to you to test the accuracy of his radar gun at the roadside traffic stop while you wait.

OCGA 40-14-5(b)

(b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy.

Important Exceptions to 40-14-5(B)

• This code section applies only to county, municipal, and campus / university type law enforcement officers. It does NOT apply, and let me repeat that because this is very important; it does NOT apply to state officers as in the Georgia State Patrol Troopers. The GSP are exempt from this code section and are not required to offer do this test.
  
  
  
  
• This code section applies to RADAR guns only. It is not applicable if an officer used a Laser gun.
  
  
  
  
• This code section does not provide for you any legal rights to witness this radar test being performed by the officer. The officer does not legally have to let you watch him test the radar gun.

Georgia law requires that all county and city law enforcement officers (not the Georgia State Patrol Troopers) to“notify” you that you have the right to request the officer to test the radar device for accuracy before issuing you a citation. This is something that you NEVER EVER want to do under any circumstances.

Some points to consider:

• If the officer asks if you want the radar device tested, politely decline. Having this test done can’t possibly help your defense in any way.
  
  
  
  
• If the officer does tests the device, he is NOT required by law to let you watch the test being performed.
  
  
  
  
• This only applies to RADAR and NOT laser.

There is a place on the ticket used by county and city law enforcement officers that the officer MUST check if you request the RADAR accuracy test. If it is NOT checked on the ticket, then there is NO proof the officer properly notified you. He is however legally required to do so. Though it does NOT say so on the ticket itself, this applies to RADAR ONLY!


[ ] DRIVER REQUESTED ACCURACY CHECK


Asking for a roadside radar accuracy test is one of the, if not the biggest mistake, a person can possibly make at a traffic stop. If you ask for the radar gun to be tested, the officer will go back to his patrol vehicle, and then shortly thereafter return and announce to you that the radar gun tested perfectly accurate. He will note this on the ticket, and will testify to that fact in court. This is VERY damaging to your case and in no way can possibly help you.

All Georgia law enforcement officers, including the Georgia State Patrol are legally required to test the accuracy of their radar guns at both the beginning and ending of their daily shift, or duty tour. Georgia law further requires that these daily radar accuracy tests be recorded and maintained. That means the results of the daily tests must be written down in a log and the log maintained. Maintained for what you might ask? For a possible contested ticket of course.

It has been my experience thru my research that most officers don’t bother with the daily testing of the radar gun itself, or filling out the daily radar log, and will NOT have it in court at the time of your trial.

This is an example of Trial by Ambush. In the 1000+ trials I have personally witnessed, I have only seen an officer offer up his radar log into evidence once. The reason they never bother is because they are lazy, don’t care, maybe don’t even have it, but most importantly know that you are ignorant of the law, so they don’t bother to waste their time bringing it. They know they are going to beat you without it anyway, so why bother with the extra work. This is the key concept that Trial by Ambush exploits.

There is a clear theory in law that states “if a radar device tests as accurate before an arrest and accurate after an arrest, then in all probability the unit was functioning accurately at the time of your arrest.”

Clearly we prefer no testimony of any type of an after arrest accuracy test having been done. Especially if there is no daily log to offer into evidence. You do not want this on-site testdone. Don’t mention it, don’t ask for it, and if it is ever offered, politely decline.

The same theory in law states that if a unit was NOT tested after an arrest, then there is probable cause to believe the unit may not have been functioning correctly at the time of arrest.

This on-site accuracy radar accuracy test, or lack thereof, is used to bolster the lack of any testimony that an after accuracy test ever took place.

Also consider that if you request this radar accuracy test to be done, how do you know the officer even actually does it? He may not even have the proper tunning forks in his patrol car. You would never know this, because you are not legally allowed to watch this test being done nor or you allowed to see the tunning forks. If an officer ever offers to test his radar guns accuracy for you, don’t do it. You cannot possibly benefit from this.

For what its worth, radar guns are VERY accurate. During my research I purchased several radar/laser guns for testing. They are simple to operate as well. I could teach anyone how to accurately take readings on the side of the road in less than 10 minutes. Yes, radar guns are subject to interference, failure and operator error. But the officers know all that, and rarely does that happen. Or in other words, the chance the officer will go back to his car, test his radar gun, come running back to you to let you know his gun is broken is 0%. He has probably already been using it all day, is trained to visually by sight to guess the speed of a moving vehicle, and will be confident the speed measured on his gun relates closely to “what he has seen visually”. He would not have stopped you otherwise. Think about it.

[Ruiner]

laser I think. local city of duluth police. still looking for the scans.

40-14-8.
(a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.

(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation, in properly marked historic districts, and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts. For purposes of this Code section, the term 'historic district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and which is listed on the Georgia Register of Historic Places or as defined by ordinance adopted pursuant to a local constitutional amendment.

[Decker1.8t]

^ that's all great ... but what are you getting at?

I guess I got fucked then huh? How far could I have taken this if I hired a lawyer?

[Deaf Pimp]

^ that's all great ... but what are you getting at?

I guess I got fucked then huh? How far could I have taken this if I hired a lawyer?

You probably could have plead not guilty, walked into court and brought up the code that Brandon just posted above. City officers are not allowed to use a detection device for anything 10mph or under.

[Decker1.8t]

yeah. was like a year ago. can't change the past ... so I just bitch about it.

[4dmin]

he didnt catch me on radar he caught me with the "accuracy" of his eye

dude its duluth, they prey on people and plan on your not showing up for court... i would fight it personally b/c sounds like you can get it throw out

[babygurl]

he didnt catch me on radar he caught me with the "accuracy" of his eye

In the State of GA cops are allowed to estimate a person speed, and it does stick in court. You are lucky he didnt give you a ticket for improper equipment. Get your shit fixed, and stay in the slow lane.

And the amount you pay, all depends on your driving record. But seriously learn how to spell, so its easier to read your posts.

thanks

[{X}Echo419]

Im drivin my ass down on Pleasent Hill towards Peachtree Industrial and i pass mad incoming traffic and a fagg duluth police car. My speedometer is fried and stuck at 20mph so i have no idea how fast im going however i didnt feel like i was speeding to bad.
I get to the light with peachtre industrial and the cop pops out of nowhere n turns his lights on n pulls my ass over. He doesnt say the reason he pulled me over just asks for my drivers liceince and right when im about to ask him he takes ma shit n goes back to his car. 10 min later he coems back n slaps me with a speeding ticket of 68 in a 45. Im like wtf so i ask him to show me the radar or whatever the fuck he clocked me with but he goes like " are you doubting my accuracy? " so im like uhhh yeah cus one ma speedometer fucked up and 2 it didnt feel like i was going that damn fast. So after another 5 min of arguing with him about his fucking knowledge of knowing the speed by just seeing a car pass by he ends the convo saying " i guess i will see you in court"?
What can i do i didnt see no damn radar and the bitch wrote on the ticket "Denied CHeck Accuracy" whatever the F dat sposed to mean.
N does ne1 have ne knowledge around how much am i expected to pay for that ticket if i loose in court considering cops have the upper credibility compared to drivers or what not. N was it even legal of him to write a ticket under these circumstances?

Duluth PD sucks the cock and that's a fact. I got pulled over for "Following to Closely" which was false. he probally just wanted to pull you over.
the damn fine will probally be $300+ watch.

I just got 2 tickets in Doraville. the cop said i was speeding which was probally true(and if you say that you don't ever speed you're a liar. you're just lucky you don't get caught). I told him my speed-o was broken and when he came back he handed me a ticket for speeding and "Defective Equipment". he then told me that if I get it fixed and can show it in court they'll drop the charges. I doubt Duluth will show you the same courtesy.

p.s. I bet, given the time of day I can pick the cop out of a line up And tell you where he was sitting. they're very predictable

[{X}Echo419]

it was on p'tree ind going north right b4 pleasant hill. They have like 5 diff hiding spots. no construction, no school, no residential. it's a main road.

about radar accuracy ... I think on the Duluth tickets, it says something like "request radar accuracy?" ... so they give you the option to request it.

I'll try and find a copy of one of my old tickets.


Edit: I guess the accuracy would be "check calibration"

I have 2 Duluth PD tickets in front of me right now and they DO read...

DRIVER REQUESTED ACCURACY CHECK(ONE VIOLATION PER CITATION)

Within the State of Georgia, did commit the following offense: SPEEDING-Clocked by[] VASCAR [] LASER [] RADAR []PATROL VEHICLE []OTHER
(Serial#___________Calibration/Check_________) at____MPH in a ____zone

that is Verbatium on the ticket. I can fax a copy to anyone if you don't believe me/just want to see it.

why would they put that on the ticket if it's not nessary?

the court DOES have to PROVE your guilt beyond a resonable doubt and not having an Accurate reading of your speed qualify's a resonable doubt in my mind. although a "calibration check" may not be required accuracy is under the law.
ex: someone on trial for murder. while the location of the suspect is not "required" by law. evidence/info of the suspect being in Canada during the murder in Ga. Might be worthy info.

[ShooterMcGavin]

so i have to ask, since your car's speedometer was broken and you didn't think you were speeding, what'd your butt speedometer register your speed as?

[GermanMuscle]

all of gwinnett county is becoming too strickt with simple stuff like speeding tickets. also duluth police is just on a power trip so if you show them respect and let them think they have power youll get off easier, i live in duluth and gotton pulled over a few times by them and have to talk to them at school all the time. im just wiating to graduate from duluth high and get the F outta this place, i just want to get out of gwinnett

[B16a2 Civic]

Lol

[The Golden Child]

Im drivin my ass down on Pleasent Hill towards Peachtree Industrial and i pass mad incoming traffic and a fagg duluth police car. My speedometer is fried and stuck at 20mph so i have no idea how fast im going however i didnt feel like i was speeding to bad.
I get to the light with peachtre industrial and the cop pops out of nowhere n turns his lights on n pulls my ass over. He doesnt say the reason he pulled me over just asks for my drivers liceince and right when im about to ask him he takes ma shit n goes back to his car. 10 min later he coems back n slaps me with a speeding ticket of 68 in a 45. Im like wtf so i ask him to show me the radar or whatever the fuck he clocked me with but he goes like " are you doubting my accuracy? " so im like uhhh yeah cus one ma speedometer fucked up and 2 it didnt feel like i was going that damn fast. So after another 5 min of arguing with him about his fucking knowledge of knowing the speed by just seeing a car pass by he ends the convo saying " i guess i will see you in court"?
What can i do i didnt see no damn radar and the bitch wrote on the ticket "Denied CHeck Accuracy" whatever the F dat sposed to mean.
N does ne1 have ne knowledge around how much am i expected to pay for that ticket if i loose in court considering cops have the upper credibility compared to drivers or what not. N was it even legal of him to write a ticket under these circumstances?