Legal Question in Traffic Law in Georgia

I received a speeding ticket for going 66 in a 45. The ticket is the type that is printed out not hand written. On the ticket the officer has the wrong tag #, just one # off, and the wrong make and model of car, I drive a 1196 blue ford ranger and the ticket is made out for a 2005 white ford excursion. Also the officer was hiding behind bushes and a wall where he want visible. The ticket was issued by a Dekalb County police, DUI task force.

Asked on 1/07/12, 7:08 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC
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You don't have a question. Your ticket won't be resolved here, but typos (like the one you made with "1196 blue ford") rarely will matter, absent a real dispute over who got the ticket. Obviously, there is no dispute you were the one who got caught. As far as not being visible, that depends on the facts.

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1/07/12, 7:19 am
Glen Ashman Ashman Law Office
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You didn't ask a question but let me address some of your situation.

Errors on a ticket generally are not a problem. If you object, the solicitor will likely simply recharge you (there is a two year statute of limitations) by accusation, rather than the ticket. Since you will have then created extra work for the same prosecutor who might have negotiated a deal (such as reduced charges) you may in some cases end up with a higher fine. While you certainly could go to trial and try to use the errors to dispute credibility, the ticket machines have small screens and things like being one number off are pretty obviously typos. (The wrong vehcile probably means he forgot to push some buttons and reset that from the last ticket).

Georgia law does require that the officer, if he used stationery radar or laser, to be visible, during daylight, by a mere 500 feet. But what about at night? Even a police vehicle that could have been seen within 500 feet during the day might not be visible at night. The Georgia statute makes no exception for night hours. Courts have been all over the place on this issue and it depends on the precise facts and how the court applies the statute. Successfully raising this issue isn't easy, and you'd want to get counsel if you think this defense may apply in your case.

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1/07/12, 9:22 am

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