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Political Challenges to Speed Limits and Other Traffic Regulations

Under Georgia Law, citizens who feel that speed limits and other traffic regulations are arbitrary and unreasonable or are being used primarily for the collection of revenue instead of public safety may complain to the Governor.

Section 40-6-9 of the Georgia Code authorizes the Governor to investigate such complaints and, if he feels the complaint is warranted, may require the local government to answer the allegations in a hearing.  Upon a finding at the hearing, the Governor may suspend such local government's authority to enforce traffic violations and direct the State Department of Public Safety to enforce traffic regulations for a period of at least six months.

After that, the local government must show a change of circumstances at six month intervals prior to resuming traffic enforcement on the local level.


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Georgia's Super-Speeder Law

Earlier this year, Georgia passed House Bill 160 which, among other provisions, contained the new super speeder law.  The bill was sponsored in the House by Jim Cole (R-125th, Forsyth) and in the Senate by Bill Heath (R-31st, Bremen).

The Super Speeder law aims to collect additional money from speeders and direct those funds to the state trauma care facilities.  The law can be found at 40-6-189 and becomes effective January 1, 2010.

This new legislation adds at a $200 fine on top of existing fines for those convicted of speeding faster than 75 mph on a two-lane road or more than 85 mph on any road.

It appears that the court will assess and collect its normal fine, at which point the Department of Drivers Services will send notice of the super speeder fine to the driver upon receipt of the conviction.

Stay tuned for further updates as this new law plays out in the courts.

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Improper Left Turn Law Ruled Unconstitutional

This news is slightly old, but the Georgia Supreme Court struck down the Improper Left Turn statute (O.C.G.A. 40-6-120(a)(2)) on June 8, 2009.

The unanimous Court ruled that the language of the law was so vague that enforcement would violate due process guaranteed by the United States and Georgia Constitutions.

The full opinion of the Court can be found at McNair v. State, 285 Ga. 514 (2009)


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The Proposed Nationwide Texting Ban

The United States Senate Majority Leadership is unveiling a plan to force States to pass laws prohibiting texting and emailing while operating a moving vehicle.  The Senate plans to accomplish this in much the same way as the federal government forced States to lower the legal drinking age--by tying it to receipt of Federal Highway Funding.

This proposed legislation comes in the wake of a report by the Virginia Tech Transportation Institute (VTTI) which found that texting while driving increases the odds of a crash by 23 times.

This will likely play out over the next Senate session, including constitutional challenges to the statute and a revisit of South Dakota v. Dole.  We at CobbTrafficTicketSolutions will keep you updated through it all.

Here is the article from The Associated Press for further reading.



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Worst Cobb County Speed Traps

Let's get the readers involved with this one.  Name the most infamous Cobb County, Georgia speed trap.

I'd say its a tie between the East-West Connector and I-285 at I-75.

Post your least favorite area speed trap.

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Out-of-State driver gets a ticket in Georgia

We are often retained by out-of-state clients who received tickets while vacationing or driving through Georgia.  We are often able to appear for them in Court (without their presence being required) and get the ticket reduced to either a zero-point violation or to reduce harmful consequences of harsh driving laws in other states.

Remember, the drivers license points system of your state applies regardless of where you received the ticket.  Your state will find out and will assess points as if the offense occurred in your state.

While a written contest to your ticket (known as a Trial by Declaration) may be made in some states, Georgia is not one of them.

If you received a ticket in or around the Atlanta, Georgia area, call us for a free consultation to find out how we can help you get your Traffic Ticket Solution.





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Worst States for Speed Traps

I know this is list is a bit dated, but NMA recently ranked all U.S. States from best to worst, considering issues like speed traps, due process protections in traffic court, excessive fines, and other criteria.

Here is the full list, by the way, Georgia comes in at No. 31.

Full List Of State Rankings From Worst To Best

1) New Jersey
2) Ohio
3) Maryland
4) Louisiana
5) New York
6) Illinois
7) Delaware
8) Virginia
9) Washington
10) Massachusetts
11) Colorado
12) Oregon
13) Tennessee
14) California
15) Michigan
16) Vermont
17) Maine
18) Florida
19) Pennsylvania
20) North Carolina
21) Alabama
22) Rhode Island
23) West Virginia
24) New Hampshire
25) Arizona
26) New Mexico
27) Missouri
28) Texas
29) Oklahoma
30) Nevada
31) Georgia
32) Connecticut
33) South Carolina
34) Iowa
35) Hawaii
36) Arkansas
37) Alaska
38) Kansas
39) Mississippi
40) Wisconsin
41) Utah
42) South Dakota
43) Indiana
44) Minnesota
45) North Dakota
46) Kentucky
47) Nebraska
48) Montana
49) Idaho
50) Wyoming

List of Criteria Used To Generate Rankings (no particular order)

1) Speed Traps Per Capita (# of speed traps listed on www.speedtrap.org indexed to population)
2) Does the state have "driver responsibility" fees?
3) Does the state have mayor's courts?
4) Does the state authorize the use of roadblocks?
5) What are the freeway speed limits?
6) Does the state have red-light cameras?
7) Does the state have speed cameras?
8) Are there toll roads in the state?
9) Is a jury trial available for traffic violations?
10) Is trial by declaration (asserting a defense in writing without appearing in court) available?
11) Is the state a member of the Non-Resident Violator Compact?
12) Is the state a member of the Driver's License Compact?
13) Are radar detectors banned in the state?
14) Does the state have a primary seat belt law?
15) Are there adult helmet laws in the state?
16) Are there move-over laws in the state?
17) Is cell phone use banned?


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A Two Front War--fighting tickets in and out of court

We at the Semrau Law Firm are always ready to help you beat your traffic ticket in the courtroom, but here is a re-posted article from the National Motorists Association with the terrific suggestion that you write your local politicians or local newspaper's editorial page about the appropriateness of speed limits in your area, your opinion on red-light cameras, and other such topics.

While many complain of the unfairness of speed traps and the revenue generating machine of traffic ticketing, few are willing to take it any further.

Here is that article.  Good luck with your letter.



Making The Most Of An Editorial
 
Writing an editorial can be a rewarding experience. It's a way to get repetitive thoughts out of your head and out where they might do some good. Often, an aggravating experience or memory will bang around in our heads like one of those tunes that gets locked in and repeats itself over and over and over until we're ready to beat our heads on the wall in hope of at least changing the melody!
 
Let's take a hypothetical situation, say you just received a standard 15 MPH speeding ticket on the way home from work, doing nothing different than anyone else on the road and driving in a safe courteous manner. Now you're rehashing the event in your mind – it has taken the place of that ridiculous tune that was driving you crazy, and you're thinking about what you should have said, or shouldn't have said, how arrogant the cop was, or how unrealistic the speed limit is, or why were you singled out from all the other people who were doing the same thing. Then, it all coalesces and you say "this would not have happened if the speed limits in this town were half way reasonable and they reflected the normal flow of traffic."
 
Unless you take some form of concrete action this series of events and your final conclusion are just going to keep cycling through your mind, for hours if not days. In fact, this is why so many people immediately sit down and write the check to the court, just to get the whole affair off their minds.
 
Instead, I'd like to suggest you sit down and write an editorial. I have heard all the excuses for not writing, that's what they are, excuses.
 
Here's how you write an editorial: You start writing anything that comes to you mind concerning this experience. Don't worry about spelling, grammar, use as much profanity as suits your mood, tell it like it is. When you've burned through all your pent up irritation and anger you may think you have just generated a lot of gibberish, certainly not something any paper or web site is going to publish. A little organizing is in order. You will probably be able to pick out a few strings of coherent thought, like; what happened, why it was wrong or should not have happened, and what can be done to fix the problem. I other words: I got a ticket. I should not have gotten a ticket because I was driving safely. I would not have gotten a ticket if there were reasonable speed limits in this city.
 
After putting your thoughts in a logical order you have to address the most difficult task; reducing your masterpiece to somewhere around 200 to 300 words. You see, despite your proclamation that you are not a writer, there will be in front of you a 1500 word miniseries on the failure of traffic regulation in the Western Hemisphere. It's tough and ugly work, but by the time you wheedle your novelette down to 250 words you will discover a tight, concise editorial that says what you wanted to say in a manner that other people will actually read and understand what you have written.
 
You've put a lot of work into this editorial so make the most of it. In addition to sending it to the newspapers in your community, send it to the mayor, aldermen, state senator, state representative, and the local traffic engineer. Just attach a cover note that says something like "I hope you will take the time to read my comments on the appropriateness of speed limits in XYZ city."
 
One final task; be sure and check the "not guilty" box on your ticket and send it in – make them work for your money.

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Paid Ticket; Got Notice of License Suspension!!

We often receive calls from potential clients who have paid a traffic ticket by mail or in court, only to later find out the unintended consequence that their license has been suspended.  Since, most courts require that you appear in court for offenses which cause a mandatory suspension, this usually results from accumulating too many points.

Here are some tips to keep in mind to avoid this surprise suspension:
1) Hire a lawyer- this is the best way to avoid potential pitfalls in traffic court.  A lawyer is trained and experienced in traffic laws and in going to traffic court and will know if the prosecutors plea offer is a good one for your situation.  Also, with the increase in your auto insurance premium that often results from traffic citations, the attorneys most often pay for themselves.

2) Failing that, make absolutely sure you know how many current points are on your driving record by obtaining a report from DDS.  These can be obtained for a small fee at most DDS locations.  Check www.dds.gov for more information.

3) Also make sure you know how many points the offense to which you are pleading is worth.  "Is that a two-point or a three-point violation?"  If you now have twelve points, you'd better know for sure.

In the event that you have accidentally paid the ticket and received a notice of suspension in the mail, you should consult a lawyer immediately.  Within 180 days of paying or pleading guilty to a traffic offense, you may be able to re-open the case and modify the conviction.  However, this is difficult and you have lost your bargaining position with the judge and prosecutor. 

If this has happened, you should consult with a lawyer as soon as possible to learn about your possible remedies.

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National Motorists Association on signing your ticket

Below we have re-posted a entry from the National Motorists Association newsletter.  The advice is good: signing your ticket at the scene is not an admission of guilt but under Georgia Law, refusing to sign is grounds for the officer to believe you will not appear in Court and he may arrest you immediately.  See O.C.G.A. 40-13-2.1(a).
__________________________________________
From the National Motorists Association newsletter:

Signing The Ticket

Anytime a police officer issues you a traffic ticket--not a rare event these days--you are asked to sign the ticket. Signing the ticket constitutes your agreement to either pay the ticket or show up at court at the appointed date to plead guilty or not guilty. (The date on the ticket is your arraignment date where you declare guilty or not guilty, it is not your trial date.)

So what happens if you refuse to sign the ticket? Sometimes nothing happens, you are still required to pay or show up at court. If you don't show up, you will be found guilty. And if you don't pay the fine, your license will be suspended.

Or, if Officer Jones has had a bad day, or he is absolutely required to get a violators signature, he does have the option to demand the "bond" (typically the price of the ticket) right there on the spot. If you refuse to pay, or can't pay, he can take your license and issue you a receipt that you can drive on, temporarily. Your license will be returned when you pay the fine or win in court. In real worst case scenarios, in some jurisdictions, you can be hauled into court and held in custody until you pay the bond.  This is not done at your convenience!

Signing the ticket has no material effect on the final outcome of your trial, or payment of the fine. It is not an admission of guilt. It's only practical purpose is to insure that you acknowledge your responsibility to pay the fine or contest the ticket in court.

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