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OT - Advice on speeding ticket - contest by mail?

2K views 23 replies 11 participants last post by  ozarkjeep 
#1 ·
Sorry for the off topic post/wwwthreads_images/icons/smile.gif
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 /wwwthreads_images/icons/laugh.gif 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 derek@killearn.com if you don't want to clutter up the bbs. Thanks guys.

-Derek Schwab
'97 Sidekick Sport
'83 CJ-7
 
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#2 ·
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


76 CJ5 304 "its a JEEP thing, I hope you understand"
 
#3 ·
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.

'83 CJ-7 nothing original but the tub and axle tubes
 
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#4 ·
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...

 
#5 ·
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.


I've replaced so many parts that my old Jeep has become my new Jeep.
 
#6 ·
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.

Huh?
 
#7 ·
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.

I'm boycotting sigs. If ya wanna see what I have, check my profile.
 
#9 ·
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.

I might have been born at night, but it wasn't LAST night.
 
#10 ·
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
'97 Sidekick Sport
'83 CJ-7
 
#11 ·
So if you were going 82 in a 55 pay the fine. This is what is wrong with this country. People are always trying to scheme their way out of trouble when the have it coming and they know it. If you don't want a ticket drive the speed limit. No excuses. If you want to speed expect to get a ticket one of these days. I admit I tend to drive to fast on the freeway. When I get stopped it will probably be for a good reason. I will just pay it. No excuses.

BTW go ahead and ask for a hearing. The cop could probably use the 2 to 4 hours of overtime for the 20 minutes in the court room:)

Scott

'72 Commando,
rebuilt 304 bored 30 over
4" Alcans,
Teamrush/MSD Ignition system (Teamrush upgrade from CJ board)
 
#13 ·
As sure as the sun will come up tomorrow, you will not get anywhere with either of your points. Yes, they might well be true, but that won't matter a whit. You're going to pay the fine one way or the other. You should be aiming to keep the points off your record.

I might have been born at night, but it wasn't LAST night.
 
#14 ·
theres No traffic school in georgia? In Cali our first ticket is a traffic school ticket, you pay $19 bucks, and go to a class where they blab about crap(or you can do it online; much easier).. Then the SECOND ticket is the court ticket. My first pullover was actually a warning, then the second pullover was the traffic school ticket. I know what you mean about Audobahns... My freeway to work is like that. I leave at 4Am and It is a 100mph journey all the way up to LA everyday. I can get from San Diego to LAX in about 1 hour and 10 minutes. Its just the speed. But I see cops pull over people that have suspicious looking vehicles, or just to meet thier quota. Then when they are done giving the ticket, they merge onto the freeway, doing the same 85 - 100 mph as everyone else, as if nothing else is wrong.



...One New Car, A Few New Parts, A Lot More Scars...
94 ZJ
89 FSJ - 6-inch Rustys kit, XTerrains 33"S
87 YJ - 5" of lift, 33BFG"s. ARB snorkel. Borla Header.
48 CJ2A
 
#15 ·
Well, I think I found a good compromise. It looks like I can take a defensive driving class between now and the court date and keep the points off - I'll still have to pay the fine (although the law says it will be reduced by 20%). So, I'll probably take that route. They only allow you to do that once every 5 years, tho, so I'll have to be much more careful from now on.
I think I'm going to invest in a cruise control also.

-Derek Schwab
'97 Sidekick Sport
'83 CJ-7
 
#16 ·
maybe some lighter shoes as well? /wwwthreads_images/icons/smile.gif

...One New Car, A Few New Parts, A Lot More Scars...
94 ZJ
89 FSJ - 6-inch Rustys kit, XTerrains 33"S
87 YJ - 5" of lift, 33BFG"s. ARB snorkel. Borla Header.
48 CJ2A
 
#19 ·
I have personally seen the "just keeping up with traffic" defense work. It was in Tampa, FL. Cop testifies that the guy was speeding on Bayshore Blvd. The defendant says, "If you don't speed to keep up with traffic, you'll get run over." Judge says, "I know that to be true, I drive Bayshore Blvd. to the courthouse. Case dismissed." Cop stands there with silly look on his face.

First ticket, I would just pay it and not waist the time especially if it means a court appearance. Around here we have traffic court arraignments, meaning you have to make the first court appearance just to enter the not guilty plea and get a court date set. That means two trips to the courthouse and lost time from work. What can we expect when we let government get out of hand?


I've replaced so many parts that my old Jeep has become my new Jeep.
 
G
#20 ·
I used to live in Atlanta. I don't have any ideas about your ticket but I will defend you on you speed. 82 on hwy 75 is about right. There where times that I would be doing 90 on 285 and be getting passed like I was standing still. Hell, I would be going with the flow sometimes and look down and I would be going close to 100 mph( not in the jeep ). We used to laugh at the reports of high speed chases in Cal. when the guy would be like " OMG there running in excess of 80 mph" Hell, in Atlanta you would get run over going any slower.

Later
Maxx

 
#21 ·
If you lose be prepared to pay the court cost.
I about "fought" a ticket for improperly crossing a highway center barrier.
My ticket was 125 dollars..and If I lost it was an extra hundred dollars for court cost.
I think thats a pretty big risk.
Unfortunatly for you, that fast over the speed limit probably warrants a high ticket!

78 CJ7
Spring over 33's
4.3L V6, TH350
 
#22 ·
your doing the right hting, take the defensive drivers course and pay the reduced fine, and keep it off your insurance, record, I did the same thing when I was 19 or so, in MS you can only do it before your 21 I think.

I average about 1 ticket every 2 years

I drive completely across arkansas, and thru TN on I40, and I set the cruise on 80+, I do this about 7-9 times per year.

when I get a ticket I laugh, and pay it, its all a game, usually I win, very rarely does the man get his fine.




OzarkJeep

too small to be seen, and too big to control, and treated like a walking bomb...
 
#23 ·
Sorry I keep dragging this out /wwwthreads_images/icons/frown.gif I appreciate all you guys responding. Does anyone know the procedure for the driving course route? Will I have to go to court and show it to the judge, or can I just call them or mail it in or something?

-Derek Schwab
'97 Sidekick Sport
'83 CJ-7
 
#24 ·
when I did it all the paper work was handled by the people who did the course, it was given at the police station, consisted of a couple of hours on a sat and some videos, and questions, 13 coffee/cig breaks, and a little written quiz if I recall. nothing at all, almost a relaxing sat morning.

in my case it negated the need to goto court.

call the number on teh ticket, or your lcoal circit court clerk and ask them

OzarkJeep

too small to be seen, and too big to control, and treated like a walking bomb...
 
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