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post #1 of (permalink) Old 02-10-2002, 11:43 PM Thread Starter
 
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OT - Advice on speeding ticket - contest by mail?

Sorry for the off topic post[img]/wwwthreads_images/icons/smile.gif[/img]
I need a little legal advice - you guys are so good at everything else, maybe someone can help me here.
I got a ticket in Atlanta today for going 82 in a 55 on I-75 (one advantage to driving a Jeep - they don't go that fast)
I'm not real concerned about the fine, but what I really worry about is what it will do to my insurance.
I've heard that you can contest a ticket by mail and there's a chance the officer won't bother to do the paperwork. I figure it's worth a try [img]/wwwthreads_images/icons/laugh.gif[/img] Does anyone know if this can be done in Georgia and how you go about doing it? You can drop me a private mail at [email protected] if you don't want to clutter up the bbs. Thanks guys.

-Derek Schwab
'97 Sidekick Sport
'83 CJ-7
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post #2 of (permalink) Old 02-10-2002, 11:52 PM
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Re: OT - Advice on speeding ticket - contest by mail?

Thats terrible to be caught going 82 in a 55. And yes I believe any vehicle will go that fast if the driver chooses to mash on pedal. No way you can go that fast and not know your going to fast.

My advise would be to pay the fine and DONT DRIVE THAT FAST AGAIN, especially in a Jeep. I believe there should be consquenses for our actions.

Just my 2 cents


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post #3 of (permalink) Old 02-10-2002, 11:58 PM
 
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Re: OT - Advice on speeding ticket - contest by mail?

Ticket for 82, in a 55, in ATLANTA?!?!? Man, that's NEWS!!! Most days you would just get a ticket for impeding the flow of traffic at that speed on the Atlanta Autobahn. Soccer mom's in Urban Assault Vehicles blow by me in my CJ doing 65 like I'm standing still.

Rich, you should understand that those are not UNREASONABLE speeds in the Metro area, and depending on the time of day, may just be "keeping up with traffic."

I think a lot depends on what county it is. Fulton has the best chance of letting it slide due to red tape. Dekalb and Gwinnett are pretty militant.

The BEST thing you can do is get a lawyer, make sure you get a LOCAL one who knows the local courts. It'll cost you more up front, but chances are that you'll get off.

82, in a CJ... Yeah. Right. That's not speeding, that's a measure of intestinal fortitude.

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post #4 of (permalink) Old 02-11-2002, 12:49 AM
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Re: OT - Advice on speeding ticket - contest by mail?

You kiddin me? a lawyer for a speeding ticket? man in Texas you go to court pay $125 and do either defensive driving for go on defered judication (you cant get a moving violation ticket for 6 months or the first ticket doubles and goes on your record) and thats it... speeding tickets are no big deal at all... is it really that strict in Georgia? hell i got a ticket on my way to idaho near Dallas, i just mailed a piece of paper saying no contest that i would like defered judication, mailed them a cashiers check and it just went away...

post #5 of (permalink) Old 02-11-2002, 02:55 AM
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Re: OT - Advice on speeding ticket - contest by mail?

bluseman2a
I was thinking exactly the same thing when I read Rich's response. OT-What is the name of the big club (I think south end of the loop) where Lotsapapa is the DJ? That '55 or was it '56 Chevy front clip that he sat behind was great.

Over in Missouri, you buy a lawyer and get it reduced to faulty equipment (speedometer). Kansas on the other hand couldn't stand seeing the attorneys getting all the money so if you pay double the fine, it doesn't go on your record.

As far as the insurance rates increasing, it depends on your insurance company, your age, your driving record. Mine has never increased because of a ticket or at least it was such a slight difference that I didn't even notice it.




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post #6 of (permalink) Old 02-11-2002, 06:25 AM
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Re: OT - Advice on speeding ticket - contest by mail?

82 is a little much. Were you in a group and were just singled out? Any unusual circumstances? You might try and pay the fine but request a hearing. Show up neat and conservatively dressed. Tell the judge that you realize that 82mph is unsafe and that this is not the way you normally drive. How about that situation you were in? Say something about that but above all don't bull shirt him. The line of work he is in is determining if people are telling the truth. When's the last speeding ticket you got? A long time ago? Mention that. Then politely ask with eye contact if there is anything he or she can do. Often times if you can connect with the judge they will realize you took the day off work to come in and try to explain the situation and will lesson the offence somehow. Were you doing 82? If the answer is yes then they have your kahonies(sp) in their hand. Hire a lawyer? I don't think he will be able to do much more for you than you can do for your self, and the judge might give you credit for standing up to this by yourself. Now if there was something unusual about your getting caught, maybe? Any witnesses'? Or were you just cookin' along and you rounded a bend and there he was? If he has you dead nuts there is no use squirming. Bottom line is you were wrong and got caught. I agree, the fine doesn't bother me, it's that 3 year fine the insurance company will shove you know where. We did the three year thing with me then my wife got a ticket and we did another three. Man 6 years is a long time. Jeeps were not made for high speed travel. At that speed if some jerk in front of you screws up and you get caught in the mess, you've bought yourself a Detroit coffin. Best of luck with things.

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post #7 of (permalink) Old 02-11-2002, 07:25 AM
 
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Re: OT - Advice on speeding ticket - contest by mail?

There should be an option to plead not guilty. Do so, you'll get a day in traffic court. If the officer who ticketed you does not show up, the ticket is "erased". Not sure about GA, but here in NH if the officer who gave you the ticket does not appear, you're clean. Reason being is that he has to prove you were doing 82. He also has to prove that the speed was unreasonable. He's the only one who saw you, so therefore no cop=no case.

If the officer does show up, you have two options. Change your plea to guilty and take the fine, or try to prove that the speed was not unreasonable. Were you in traffic doing that speed, or were you blowing by like Michael Schummaker on the final lap? The cop would probably say something like
"ever been fishing" (yes) "ever catch ALL the fish?"

It's your choice, but if you don't want your insurance to go up, foght it the best you can.

I think www.speedtrap.com has a bunch of resources on fighting traffic tickets.

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post #8 of (permalink) Old 02-11-2002, 07:32 AM
 
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Re: OT - Advice on speeding ticket - contest by mail?

try this site too...
http://www.motorists.com/issues/tickets/

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post #9 of (permalink) Old 02-11-2002, 08:16 AM
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Re: OT - Advice on speeding ticket - contest by mail?

There are two good options available you should investigate. In Illinois there is what's called "court supervision." It's a form of probation. You plead guilty to the charge in county court, and pay your fine. If you don't get hauled back in for 90 days or 120 days, the ticket is destroyed and no record is sent to the state. It works because the alternative is that you'll plead not guilty, which will cause a trial, which will take a half day's time for the trooper and prosecutor and judge. . . . This way they get their money without any hassle.

The other I have heard of but never tried. You pay the fine by mail, and pay a few dollars extra. When it gets to the court, the fine is recorded, and the clerk makes out a check to you for the overpayment. Until the check clears the ticket is still in process, and can't be sent to the state. You tear up the refund check and get on with your life.

Like I say, I never tried that one, and it sounds lame to me, but plausible. The first I have used a couple of times. It should be worth a try.

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post #10 of (permalink) Old 02-11-2002, 08:36 AM Thread Starter
 
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Re: OT - Advice on speeding ticket - contest by mail?

Several people asked, so I guess I'll explain the situation.
First off, yes, I was going 82 (it wasn't in the Jeep BTW)
I was moving with the traffic, though, not blowing past everyone (the interstates always move at 75-80 in atlanta)
I went around a corner and saw him sitting there. There was enough traffic that he didn't just pull out behind me - he came up on my tail about 1/2 mile down the road (probably after weaving in and out of traffic at 95 mph)

It was my first ticket, and I've never been to court for anything, so I'm really not sure how I should handle it. I figured I could either say that it would have been dangerous for me to be going 20MPH slower than the other cars, or that the officer posed a risk to other drivers coming up the stop me, but I don't know how that would go over. I've heard you can request a trial by mail and there's a chance the officer won't fill out his paper work, but I'm not sure how you go about that.

-Derek Schwab
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'83 CJ-7
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