Speeding Tickets in Georgia
Absolute vs. Presumed Speed Limit in Georgia
Burden of Proof for Speeding in Georgia
Fighting a Speeding Ticket in Georgia
Georgia Points – Fines – Reciprocity and Other Issues
Speeding is whenever a car is traveling faster that is reasonably safe under the current road conditions. Generally, this is an absolute limit—the speed that is posted on the sign. But, sometimes it is presumed. This is like on a country road that has no speed limit sign or on a snowy winter day. The presumed speed limit is whatever is generally considered safe under those conditions.
You can be convicted of speeding if:
(1) The driver who is the defendant was actually the individual who was driving the car. Additionally, the driver accused was in fact driving the vehicle that was seen to be driving over the allowed speed limit. For example, that the officer pulled over the correct car and not one that looked similar but was going the proper speed.
(2) The driver was going the speed that the officer claims they were. This would require that the radar or laser equipment was properly functioning, maintained and that the officer was trained in using this type of equipment.
(3) The driver was driving over the speed limit.
After being ticketed you can plead guilty and pay the fine, or plead not guilty and fight the ticket. The information on how to do this is on the back of the ticket. The state must prove that the driver has satisfied all three elements of speeding. The driver may try to raise a defense to speeding. Common defenses include: person ticketed was not the actual driver, vehicle alleged was not the actual vehicle that was speeding, the event occurred out of jurisdiction of the officer who gave the ticket, the driver was not driving at the speed limit which law enforcement officer said they were driving, the reading was inaccurate due to the laser/ radar gun being shot at the wrong vehicle, the laser or Radar equipment was not properly maintained, the reading was inaccurate due to an obstruction or interference, or the law enforcement officer was either inexperienced or untrained in their application of the laser or radar system.
Fines for a speeding ticket may increase in a construction zone or in a school zone. But, the fines and penalties are the same for everyone that is on the road. There is no special privileges or harsher penalties based on occupation. However, the amount of the fine that is to be paid by the driver will depend on how fast the driver was going at the time they were stopped by the police.
If you are ticketed you may want to consider contacting a lawyer. There are lawyers who are experienced in these matters and can help get the penalties reduced or eliminated.