I'm not eligable for traffic school, lets just get that out first. I got a speeding ticket at 10pm going 63 in a 40. I dont feel like i was driving that fast, however i just got a new SUV about 3-4 weeks prior and it never feels like your traveling that fast; previously i drove a sedan. on top of that it accerates effortlessly. I dont usually drive in this area, although it is by my house so i guess it doesnt matter. In any case, i guess thats still speeding. The officer pulled me over and honestly..i didnt know why. He ticketed me but he marked "civil court" on it. He also failed to mark that he used a radar to clock my speed. Now im not one to try to get out of things and im sure to a degree i was speeding if he says so but, does this give me any upper hand, or leway?? Anyways i guess my main question is.... what it going to happen tommorrow when i walk in court am i being tried as a civil ticket at criminal speeds??? Maybe someone can clarify?
2007-12-06 17:19:17 · 9 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
In Georgia, USA we have Civil, Criminal, Traffic and Juvenile Laws.
Speeding is covered in O.C.G.A. 40-6-181
Speeding is a misdemeanor offense.
Says so in 40-6-1.
We have different courts here:
Civil court would be where they hear divorces, law-suits and such.
We have traffic court in State court for traffic offenses. [Municipal agencies have recorder's court for their traffic offenses.]
State court for misdemeanor, criminal cases.
Superior court for felony, criminal cases.
And Juvenile court is also held in Superior court but separate from all other cases to protect the child.
63 in a 40 (23 over!) definitely makes for a fair stop and ticket too.
Don't know about your area or its laws and court system.
If you're curious about things like whether he used radar or not, ask in court.
One of the first things they'll ask is, "How do you plead?" Be prepared to answer this because they probably won't continue without you doing so.
Some people make that question harder than it needs to be. If you DON'T think you were speeding, then you think you are NOT guilty. If you DO think you were speeding (63/40), then you ARE guilty. Most judges will allow you to plead guilty with an explanation. Remember: Attitude is what it's all about.
2007-12-06 18:00:35 · answer #1 · answered by pike942 SFECU pray4revival FOI 7 · 1⤊ 0⤋
The sign said "speed limit 40" why does it maatter theat it was 10 pm? If you indeed were going 63 then YOU were SPEEDING. No matter what you think a reasonable speed is for where ever you got the ticket, the posted speed was "40", correct. You got a NEW SUV 3-4 weeks ago and are having trouble with looking at the speedometer? Maybe ou should go to traffic school and re-learn how to read your speedometer.
2007-12-06 17:38:30 · answer #2 · answered by jon_mac_usa_007 7 · 0⤊ 0⤋
A speeding ticket for 23 mph over is probably not a criminal charge. It is an infraction. You cannot be arrested or jailed, only fined. A misdemeanor or felony can result in arrest and jail time in most states. Still, the officer must follow the law. If he did not properly observe your speed, then he cannot demonstrate you committed the infraction. As an officer of the state, he bears the burden of proving you committed the infraction. If he cannot, you win. Usually, an officer can follow you for a certain distance (typically not less than 100 yards) and "pace" you to determine your speed. If the officer can show that you'll go down in flames.
2007-12-06 17:26:43 · answer #3 · answered by Ron D 3 · 1⤊ 0⤋
Minor speeding tickets are usually infractions (tried in civil court). If you injured anyone or caused an accident, it would be a criminal matter.
About not marking that he used radar, I don't think it will matter. For 23 mph over the limit, it would be obvious you're speeding so I don't know if he would even need radar.
2007-12-06 19:26:13 · answer #4 · answered by Anonymous · 0⤊ 0⤋
THE TICKET IS CIVIL NOT CRIMINAL.
THE OFFICER CAN PACE YOU WITH HIS SPEEDOMETER AND SPEED YOU WERE GOING AND SPEED HE WAS TRAVELING TO STAY UP WITH YOU AND USE THAT METHODOLOGY FOR TESTIMONY?
IF THE OFFICER SAID YOU WERE SPEEDING AND YOU BELIEVE ALL THE ABOVE? THE COURT DOES RESERVE THE RIGHT, FOR YOU TO EXPLAIN YOU SIDE OF THE STORY. CHRISTMAS IS ALWAYS AN ENJOYABLE TIME AND THE JUDGE MAY BE ENLIGHTENED BY YOUR STORY AND GIVE YOU A HOLIDAY WARNING.
2007-12-06 18:42:26 · answer #5 · answered by ahsoasho2u2 7 · 0⤊ 0⤋
Let's see.
You're at 63 in a 40 AND YOU CAN'T FIGURE OUT WHY THE OFFICER STOPPED YOU??
You've got worse issues that this ticket.
2007-12-07 01:19:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
can you attend traffic school - so as not to get points?
over 50% higher than the limit - whoa
you will need to have an attorney to figure out who has the upper hand - by yourself - you are in deep doodoo
2007-12-06 17:28:40 · answer #7 · answered by tom4bucs 7 · 0⤊ 0⤋
technically is criminal bc u go to criminal court to fix the "infraction" but since u dont go to jail or anything he might of gotten it confused..anywho just go to court
2007-12-06 17:54:14 · answer #8 · answered by prettymami714 3 · 0⤊ 0⤋
Geez you were speeding pay the freaking ticket take responsibility for your actions.
2007-12-06 17:22:54 · answer #9 · answered by Why ask me? 4 · 0⤊ 0⤋