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Old 04-18-2011, 11:16 AM
 
3 posts, read 56,593 times
Reputation: 17

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I was pulled over on I-75/85 traveling southbound toward the airport for going 80mph in a posted 55mph limit zone. Unfortunately, in my haste to make my flight I did not question the officer, took the ticket and trove off. It looks like according to the new super speeder law that I do not qualify as I was only doing 80, not 85+ on an interstate. Correct? Also, the officer checked 'Patrol Car' as the clocking method. I assume all he did was pace my vehicle speed with his own? It was an Atlanta PD officer that pulled me over. Does anybody else have a similar ticket? How much was it? Are these easily fightable in Atlanta? If I show up to court, are the chances high that I can have the speed and or points to my license reduced? What other ticketing loopholes might I look for to get the ticket thrown out or reduced? Thanks in advance for any help / insight you can provide!
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Old 04-18-2011, 12:31 PM
 
71 posts, read 202,834 times
Reputation: 61
How much are you willing to fight the ticket? Are you really guilty of the violation and are just seeking information on getting it reduced or were you honestly pinned for something you didn't do?
There are a lot of variables to decide if fighting a ticket is worth your time.

Here is a schedule of the fines by speed-

§ 40-6-1. Observance of chapter required; punishment for violations generally; maximum fines for certain offenses


(a) It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.

(b) Unless a different maximum fine or greater minimum fine is specifically provided in this chapter for a particular violation, the maximum fine which may be imposed as punishment for a first offense of violating any lawful speed limit established by or pursuant to the provisions of Article 9 of this chapter by exceeding a maximum lawful speed limit:

(1) By five miles per hour or less shall be no dollars;

(2) By more than five but not more than ten miles per hour shall not exceed $25.00;

(3) By more than ten but not more than 14 miles per hour shall not exceed $100.00;

(4) By more than 14 but less than 19 miles per hour shall not exceed $125.00;

(5) By 19 or more but less than 24 miles per hour shall not exceed $150.00; or

(6) By 24 or more but less than 34 miles per hour shall not exceed $500.00.


Given he "paced" you, you are more likely to be able to fight it, but it's a tricky road...and one I am currently battling with GSP. I'd at least request a copy of the in-car video of the traffic stop. If they cannot provide that or if the car was not equipped with it, you're more likely to get out of it. Like I said, many variables to this to determine if it's worth fighting or not.
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Old 04-18-2011, 12:34 PM
 
16,709 posts, read 19,416,576 times
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Personally, I ALWAYS show up for court. If the officer was APD, he probably won't show up. The ticket gets thrown out, and you don't have to pay. As far as the super speeder laws, I thought it was 20+ mph over the speed limit. In some jurisdictions they can also put you in jail for that much of an overage.
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Old 04-18-2011, 12:44 PM
 
71 posts, read 202,834 times
Reputation: 61
SS is 75mph+ on two-lane roads or 85mph+ on interstates.

The date on the ticket is arraignment, the officer doesn't have to show up on that date. That only works for TRIAL dates. Huge misconception.
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Old 04-18-2011, 12:46 PM
 
3 posts, read 56,593 times
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I am guilty of speeding. I was not cruising at 80 through ATL. Probably hit 80 as I sped up to pass a group of several cars over a quarter mile / half mile span. I did see a video camera in the patrol car. I have no evidence that I wasn't speeding so I am just looking for the best argument to have it reduced or have no points put on my license.

I mean pacing is just a tool to make a good guess, especially if I wasn't sitting at 80. There is no science to back up the exact speed put on a ticket that was determined from pacing. If people are able to fight the calibration of a device such as a laser gun, There must be some room for argument about the accuracy and calibration of a speedometer and the degree of error in the estimation / guess?

I feel like under the circumstances there must be room for argument of the speed, estimation, previous clean record, maybe the officer woln't show up, some kind of glitch in the system, to get the ticket thrown out or reduced?
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Old 04-18-2011, 12:53 PM
 
3 posts, read 56,593 times
Reputation: 17
Quote:
Originally Posted by IdiotPilot View Post
SS is 75mph+ on two-lane roads or 85mph+ on interstates.

The date on the ticket is arraignment, the officer doesn't have to show up on that date. That only works for TRIAL dates. Huge misconception.
What opportunities will I have at the arraignment? This is not a situation where I have a chance of proving that I was not speeding. I plan on going guilty, but trying to get the speed, fine, or points reduced. Whats the best way of going about that?
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Old 04-18-2011, 01:02 PM
 
Location: Odessa, FL
2,218 posts, read 4,372,544 times
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I don't have any direct experience from the city of Atlanta. But with an otherwise clean record the Johns Creek prosecutor changed my charge to a "rules violation" when I showed up in court (on my appointed day) and asked to talk to a prosecutor. I still had to pay a fine but had no points added and no notification sent to my insurance company. I didn't mind paying the fine, but definitely wanted to avoid a bump in insurance rates.

A forum moderator will be along shortly to tell you that this isn't the place to seek legal advice and that you should consult a lawyer.
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Old 04-18-2011, 01:23 PM
 
71 posts, read 202,834 times
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I only give advice from my direct dealings with traffic courts...been there enough as a young adult.
On the arraignment date, you should ask to talk to the solicitor in which you'll get to try to negotiate a reduced plea. If you're not worried about getting another ticket anytime soon, you can go for "no-lo" in which you'll pay the same fine, but points will not be assessed to your license. You can use this once every five (5) years. If you're looking to get a reduction, taking that defensive driving course before the court date helps with negotiating a lesser penalty. Be more worried about the violation, not the fines. What lane were you in?

Billl- good job on the "rules violation", I've gotten that one a couple of times. Since it's a local ordinance violation, it doesn't report to the DDS.
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Old 04-18-2011, 01:59 PM
 
Location: NYPD"s 30th Precinct
2,565 posts, read 5,515,853 times
Reputation: 2692
Quote:
Originally Posted by IdiotPilot View Post
On the arraignment date, you should ask to talk to the solicitor in which you'll get to try to negotiate a reduced plea. If you're not worried about getting another ticket anytime soon, you can go for "no-lo" in which you'll pay the same fine, but points will not be assessed to your license. You can use this once every five (5) years.
I got pulled over doing 81 in a 55 (on the connector at like 2am) years ago and that's exactly what I did. I went to court and plead no contest (no-lo); I still had to pay the $388 ticket, but got no points on my license and my insurance wasn't affected.
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Old 04-18-2011, 02:44 PM
 
Location: East side - Metro ATL
1,325 posts, read 2,644,526 times
Reputation: 1197
Quote:
Originally Posted by Cranford803 View Post
I was pulled over on I-75/85 traveling southbound toward the airport for going 80mph in a posted 55mph limit zone. Unfortunately, in my haste to make my flight I did not question the officer, took the ticket and trove off. It looks like according to the new super speeder law that I do not qualify as I was only doing 80, not 85+ on an interstate. Correct? Also, the officer checked 'Patrol Car' as the clocking method. I assume all he did was pace my vehicle speed with his own? It was an Atlanta PD officer that pulled me over. Does anybody else have a similar ticket? How much was it? Are these easily fightable in Atlanta? If I show up to court, are the chances high that I can have the speed and or points to my license reduced? What other ticketing loopholes might I look for to get the ticket thrown out or reduced? Thanks in advance for any help / insight you can provide!
I am the king of speeding tickets. Just show up to court and plead no lo contendere (basically means you are in between guilty and not guilty). The court will reduce the fine and points. FYI, you can only plead no lo in any jurisdiction one time per five years, except for Dekalb County I believe. Dress nicely when you show up for court and when speaking to the judge, answer using no and/or yes.

In addition, the super speeder law does not apply to you.
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