COBB COUNTY TRAFFIC TICKET PRICE INCREASES....A SIGN OF THE TIMES
As talk of a troubled economy has dominated the news cycle over the past couple of years, local governments have had to find alternative ways to raise revenue. With so many unemployed and underemployed, raising taxes is not a popular means of increases those revenues.
Cobb County has gone a different route: increasing court fines, particularly on traffic cases.
Banned from Canada for a Serious Driving Offense Conviction
A recent client was temporarily detained in Canada and denied a Canadian work visa because of a Cobb County Misdemeanor Arrest. This was NOT a conviction, but an arrest, that was later dismissed. This prompted us to learn more about Canadian immigration policies. So, if you plan to travel to Canada you should give some thought to their strict rules on admissibility for persons with criminal convictions.
Many countries will exclude foreign nationals with criminal convictions, but Canada is the only foreign county with whom the United States shares criminal arrest and driver’s history information. Based on my personal experience, it seems unlikely that routine tourism will result in a background check. I've been in and out of Canada four times in the last two years any checks. However, if you need any type of visa or if you are driving in Canada and happen to get a ticket, then a prior serious driving offense could be big trouble.
Any conviction in the United States for a “indictable” offense will bar you from admission to Canada or get you arrested and deported. “Indictable” offense by Canada's definition includes any DUI, Driving with Suspended License, and Hit and Run (and virtually every other misdemeanor or felony). So, imagine your vacation cut short by spending a couple weeks in a Canadian jail waiting for deportation. OUCH!
To get legal in Canada you must apply for “rehabilitation.” There are companies that will do this for a fee. To find one, try running a Google search for “Canada immigration rehabilitation” or do it yourself and click on this link for an application: www.cic.gc.ca/english/pdf/kits/forms/IMM1444E.PDF. The general rule is that “rehabilitation” happens automatically after 10 years (but you still need to apply) or you can apply for “early rehabilitation” after five years. It is also possible to get a temporary permit without being rehabilitated. Be warned, multiple prior convictions may be impossible to fix.
Enjoy your vacation.
Big Win in Powder Springs Traffic Court
BIG WIN IN POWDER SPRINGS TRAFFIC COURT
As it turns out, attention to detail matters.
In a recent case in Powder Springs traffic court, the most important piece of evidence in the case didn't involve what our client had done while driving, but what the government had (or hadn't) done in trying to prosecute her.
The defendant was involved in a minor auto accident, in which the responding officer issued her a ticket for failure to yield at an intersection. In preparing for trial, we made sure to get all our ducks in a row. We had an eyewitness willing and ready to testify, pictures of the defendant's vehicle to support her side of the story, a full list of cross-examination questions for the opposing witnesses, and sound arguments to support our position. While putting all of this together and doing legal research on the alleged charge itself, it became apparent to us that the police officer had actually written the citation for a similar, but incorrect driving offense. What the government was accusing our client of doing, completely did not match up with the facts of the case.
On the afternoon of trial, the City begins its case with the testimonial evidence of the other driver and the responding officer. They both do a good job of answering the prosecutor's questions, but actually help us lay our groundwork during cross-examination. At the end of questioning of those witnesses, the City closes its case. Because the burden of proof is on the City, the judge asks us if we want to present any of our own evidence. As stated before, we were ready to put up an eyewitness and present photographic evidence to help make our case as to why our client was not guilty of the failure to yield charge. But before we did any of that, we made our motion for directed verdict; where we made the legal argument that even if everything that the City's prosecutor says is in fact true, our client can not be found guilty of the crime she is charged with. After hearing counter-arguments from the prosecutor, and re-reading the statute, the judge issued a ruling in our favor, by granting our motion.
We'll never know exactly what the judge would have thought about the evidence we were ready to present. But this time, fortunately, we didn't have to.
The Move Over Law: What did I Do Wrong?
In an attempt to help keep police officers safer when they make a traffic stop on the side of a highway, Georgia is managing to make criminals out of well-meaning passer-bys who do not create a safety hazard for the officer.
Georgia's Move Over law was presumably enacted to protect police who have initiated a traffic stop on the side of a road from other automobiles that are traveling down the same highway. The law requires that any driver who approaches a stationary authorized emergency vehicle that is flashing its lights to approach the vehicle with due caution and 1) make a lane change into a non-adjacent lane to the emergency vehicle if possible; or 2) reduce the speed of their vehicle to a reasonable and proper speed, which is to be less than the posted speed limit and be prepared to stop.
The application of this law has resulted in unusual and expensive traffic stops for several Georgia citizens, who were otherwise safely traveling down the highway. In one instance, we've had a client who was attempting to take an exit off of I-75. Very near the exit ramp, an officer had pulled over another car. As our client was approaching the exit which mandated he stay in the far-right lane to get off the highway, he slowed down to a very safe speed and got as far to the left as he could without merging into the next lane. Unfortunately, these safe actions did not satisfy the officer's subjective interpretation of the Move Over law and he pulled our client over and gave him a ticket.
A guilty plea to a Move Over violation will result in a 3-point violation to your driver's license, will be reported on your driving record, and possibly inflated insurance rates. Don't subject yourself to these harsh punishments for otherwise safe and reasonable behavior. Stand up for your rights in court.
Super Speeder or Super Spender?
Dear Friends,
In these tough economic times for state governments and municipalities, Georgia has introduced its new income machine: mandatory imposition of steep monetary fines on Georgia's drivers with the 2010 Georgia Super Speeder Law.
This law, which went into effect on January 1, 2010, stacks an additional $200 fine, payable to the Georgia Department of Driver's Services. This is, of course, on top of the fine required by the original court that has jurisdiction over your case. Drivers who are alleged to have been driving 75 miles per hour or more on any two-lane road, or driving 85 miles per hour or more on any road in Georgia will find themselves labeled as a Super Speeder.
Once you are classified as a Super Speeder and plead guilty to the speeding ticket, Georgia DDS will send you a notice in the mail within 30 days. If, after 90 days of receiving your notice you do not pay your additional $200 fine to DDS, your driver's license shall be suspended and an additional $50 fee will be assessed to you.
If you find yourself at risk of being labeled a Super Speeder, do not just pay your ticket and become a victim of the Georgia Department of Driver's Services. Give us a call at The Semrau Law Firm to see if we can help protect your rights, your driving record and your wallet against these extra fines and potential insurance rate increases.
Political Challenges to Speed Limits and Other Traffic Regulations
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.
Georgia's Super-Speeder Law
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.
Improper Left Turn Law Ruled Unconstitutional
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)
The Proposed Nationwide Texting Ban
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.
Worst Cobb County Speed Traps
I'd say its a tie between the East-West Connector and I-285 at I-75.
Post your least favorite area speed trap.