Legal Question in Traffic Law in Georgia

Can a Georgia State Trooper decide to give you a ticket weeks later?

My car was blown off the intersate while I was driving below the posted speed limit during the remnants of a hurricane. There was minor damage to my car and none to anyone or anything else. I called 911 and a state trooper came and called a tow truck to get me out of the mud. He did an accident report and told me at the time that he MAY give me a ticket for ''too fast for conditions.'' He left the scene after the tow truck pulled me out and I drove off with no ticket. Months later I received a notice of suspension. I called the court, they referred me to the officer. He said he forgot to send out the ticket. Subsequently, he talked to the judge got me a later court date since there was no way I could have known I was ticketed. Can an officer decide to ticket you after the fact and not notify you? Are there any limitations on the Georgia law concerning ''too fast for conditions?'' Is there any allowance for the unpredictability of some weather conditions?


Asked on 11/16/04, 8:18 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Can a Georgia State Trooper decide to give you a ticket weeks later?

The language of the statute is: "No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing." However, one would think that a judge/prosecutor would be lenient considering the circumstances. I believe that a traffic ticket can be issued anytime within two years of the incident, but they are required to send you a copy co you have notice of the alleged violation.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 11/19/04, 11:24 am


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