NMA Alerts & Email Newsletters


GEORGIA Archives

January 27, 2011

NMA Georgia Alert: Loss of Radar and Laser Authorization May Invalidate Some Tickets

Due to the failure of Gwinnett County and city governments to compromise on a strategy to provide services like policing, public health and road maintenance, the county has temporarily lost the ability to get state grants or permits -- including permits for radar and laser enforcement. (This according to an Atlanta Journal-Constitution online article from January 4th.)

Auburn, Duluth, Lawrenceville, Lilburn, Norcross, Snellville and Suwanee have also lost their permits.

Consequently, speeding tickets issued in those locations after January 1st, which rely on either of those technologies, may be invalid; certainly the tickets are much more vulnerable to courtroom challenges.

What needs to be borne in mind is that officers can probably still generate valid speeding tickets by personally "pacing" vehicles, or by claiming to have done so.

Still, if you have a radar or laser-based ticket from these places and this time period, you might want to consult with an attorney as to the validity of your ticket, or you might even want to go ahead and take it to trial on your own.

There are no guarantees, but the loss of radar and laser authority could be the key to a successful defense.

January 13, 2010

NMA State Alert for Georgia: Super Speeder Law Enforced

On January 1, 2010, the state "Super Speeder Law", HB160, went into effect.  When a motorist in Georgia is cited for driving 75+ mph on a two-lane road, or 85+ mph on a multi-lane road, the driver receives an automatic $200 surcharge from the state that is over-and-above the penalties assigned per the original ticket. 

 

The super speeder law negatively impacts the rights of Georgia motorists:

  • It is not until several weeks after the original ticket was issued, that the driver receives notification of the additional $200 fine.  He/she may have already settled the original ticket, not expecting another penalty.
  • Super speeder notifications are sent by regular, not certified, mail.  There is no proof that the driver ever received the notice, but the state doesn't care.  If the $200 is not paid on time, it is increased by another $50, and further delay could result in a suspension of the driver's license.

In addition, as this story points out:

"The fines are expected to bring in about $23 million a year, which (Governor) Perdue said is intended for the state's cash-starved network of trauma hospitals.  It remains to be seen whether the money ends up there. The fines will be funneled into the state's general fund, which means state lawmakers will ultimately decide how the money is spent. Georgia is facing a huge budget shortfall."

When phrases like "cash-starved" and "huge budget shortfall" are combined with a law that assigns new penalties to drivers, the results can't be good.

 

Contact your politicians, and let them know how you feel about the inner workings of Georgia Super Speeder Law:

 

Governor Sonny Perdue

Georgia State Representatives 

Georgia State Senators






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