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For many of us, being pulled over by a police officer may be the only encounter we’ll ever have with law enforcement. While traffic violations are quite common, they should not be taken lightly. The recipient of a traffic summons may opt to simply pay the required fine, figuring it’s the least complicated method of making the unpleasant incident “go away.” Further, in instances mandating a court appearance, it is not unusual for the defendant to represent himself or herself. The mindset tends to be that the additional cost of retaining a traffic attorney is unnecessary, and that introducing a lawyer into the equation will only serve to complicate the issue.
Many individuals may erroneously be under the impression that a speeding ticket will be handled with leniency if it’s our first one. There is always the possibility of the officer releasing the driver with a warning following discussion and a review of his or her driving record. While this is a blessing, it is certainly not the norm. Determining whether or not a Georgia driver is driving above the speed limit is achieved by use of a speed detection device (laser or radar), or by being paced by the police vehicle. Since laser and radar detection devices are subject to legal regulation, equipment must undergo regular maintenance and meet strict calibration requirements. Failure to follow such guidelines compromises the integrity and validity of the device. Regardless of how your speed is determined, a ticket can lead to hefty fines, points on your license, and, in some cases, suspension or loss of your driving privileges.
There are several caveats that can affect the basis of a speeding violation in Marietta. In most cases, the officer cannot charge you with speeding unless you are going over 10 miles per hour over the speed limit. There are a few exceptions to this rule. In cases involving county or municipal law enforcement officers, if the speed detection device is used within 300 feet of a reduction of speed limit inside an incorporated municipality or within 600 feet of a reduction in speed limit outside an incorporated municipality or consolidated city-county government then the evidence from the speed detection device is not admissible in court.
Further evidence obtained from speed detection devices is inadmissible in court if the speed was reduced within the last 30 days (with certain
exceptions) and in areas where the grade of the road exceeds 7 percent."
Enacted on July 1, 2009 as a means to generate additional revenue, Georgia’s Super Speeder Law ups the ante on the traditional speeding ticket. Simply stated, the Super Speeder Law comes into play when a driver is traveling a minimum of 85 mph on a Georgia interstate, or at least 75 mph on any two-lane road. Receiving a ticket for such an offense carries an additional penalty of $200 upon conviction. Furthermore, if convicted, you can be certain that your already costly insurance premium will see a significant increase. Should an accumulation of points exist on your license prior to a conviction, it’s quite possible that driving privileges will be suspended altogether. A violation of the Super Speeder Law should be taken seriously, as it can potentially have life-altering consequences. Cobb County’s Young Law Firm is well-versed on this relatively new law, and can provide the aggressive defense you need to plead your case. Forgoing legal representation and readily paying your ticket is an admission of guilt. Contact Diana Whipkey Young today to discuss your options.
Now that you’re aware of the intricacies involved with a speeding ticket, you’ve likely come to the realization that securing a strong legal representation is a wise option. In addition to the considerations already touched upon, Georgia’s Super Speeder Law, your age, and whether or not you hold a CDL (commercial driver’s license) are just some of the factors that can potentially affect your defense. Call The Young Law Firm today to discuss your options at (770) 795-9596.
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