Speeding ticket and insurance

[jaxyaks]

If you daughter was indeed speeding, and there is not a case of mistaken identity (wrong car) or anything else disputable in court trial or otherwise just remember

Punishment for Speeding. Speeding is a misdemeanor in Georgia. As such, it generally carries a punishment which can range up to 12 months of incarceration and a $1,000 fine. Obviously, most court dispositions of speeding offenses involve no jail time and lower than the maximum fine.

I am all about fighting for unjust prosecution, but if she was speeding, pay the fine...get the wrong Judge and you may find out just what they can actually do with a speeding ticket.

There are some small city courts in this state that if you go to court to contest a ticket and the judge finds you guilty, you are going to be on probation for at least 6 months to a year. I have seen it more than once.

By all means if this was a case of you daughter not speeding and you need to fight for your rights go for it...otherwise I would pay the fine and go on with life.

 

[gh1950]

Punishment for Speeding. Speeding is a misdemeanor in Georgia. As such, it generally carries a punishment which can range up to 12 months of incarceration and a $1,000 fine. Obviously, most court dispositions of speeding offenses involve no jail time and lower than the maximum fine.

Speeding is a misdemeanor, but the legislature allows local governments to adopt the moving traffic law as local ordinances.

As noted, this was done so that counties where there is a county police/sheriff and a city police, the city can retain the fines. One of the consequences is that there is a legal difference in the consequences of violating a misdemeanor, which is a criminal act, and an ordinance, which is not considered "criminal". Technically, in those cities, a speeding offense and a loose dog offense have the same legal status.

 

[jaxyaks]

Speeding is a misdemeanor, but the legislature allows local governments to adopt the moving traffic law as local ordinances.

As noted, this was done so that counties where there is a county police/sheriff and a city police, the city can retain the fines. One of the consequences is that there is a legal difference in the consequences of violating a misdemeanor, which is a criminal act, and an ordinance, which is not considered "criminal". Technically, in those cities, a speeding offense and a loose dog offense have the same legal status.

I hear ya, I was just passing along a little food for thought for the OP, I am sure he doesn't want to walk into court and walk out with his daughter on probation. It happens more than you might think...in city courts.....especially the city of Villa Rica

 

[gh1950]

I hear ya, I was just passing along a little food for thought for the OP, I am sure he doesn't want to walk into court and walk out with his daughter on probation. It happens more than you might think...in city courts.....especially the city of Villa Rica

He's in Clarke County.

Unlike a lot of cities, Athens has not turned probation in to a profit center for a private company, so there's no risk of probation.

 

[GAgunLAWbooklet]

Hmm...no potential incarceration involved?
Yeah, I guess that's true for a 17 y/o who just got her first-ever speeding ticket.
I forgot about that. It's been so long since I got my first speeding ticket....

For the rest of us, incarceration is a theoretical possibility for any misdemeanor, even a speeding ticket, 2nd offense or subsequent.

 

[GAgunLAWbooklet]

Wait, was she charged with the STATE crime of speeding, found in OCGA, or some local ordinance offense of speeding?
Is the court in question a special Traffic Violations Bureau authorized by OCGA 40-13-50?

 

[gh1950]

Wait, was she charged with the STATE crime of speeding, found in OCGA, or some local ordinance offense of speeding?
Is the court in question a special Traffic Violations Bureau authorized by OCGA 40-13-50?

It's an ordinance violation. Municipalities are authorized to adopt the Georgia Uniform Rule of the Road as local ordinances and enforce them as such. They needed legislative permission to do this, otherwise local enforcement would be pre-empted by state law. I know, because I help draft the statute that allowed them to do this, ca. 1975. FWIW prior to that municipalities could only enforce state law. So each one light town had its own code that was similar to but not exactly the same of as state law.

As part of adopting the Uniform Rules of the Road, the legislature required the municipalities to use those, and do away with the funky local ordinances.

One of my job responsibilities was to travel to 25 towns and cities, and review the local traffic codes. Pre-computer, so that meant physically going to what passed for city hall, and asking to see the written local traffic rules. At the time, a lot of city halls were part time, and there was no cell phone to call ahead and see if anyone would be there.

That was quite the experience. If was also pre-Open Records Act, and a couple of towns refused to let me look at the ordinances "unless I had some business for doing so." One in particular that was openly hostile to the idea was Blue Ridge. I didn't exactly here banjo music in the back room, but I got on down the road.

Anyway. OP says his daughter is going to municipal court, muni court has no jurisdiction over misdemeanors, so she was charged with an ordinance violation. As noted, GSP charges under state law, as does the SO for the few cases it makes, because neither on of those agencies have authority to enforce local ordinances, and those cases go to state court.

There are some charges criminal offenses that still can be ordinance violations, but I haven't kept up with them. wacky weed i think, and if you ask, you can be bound over to State Court. Virtually no one does, because the muni court case is not a conviction. and doesn't go into your record. I think underage possession may be another one, I'll have to check.

The court is not a Traffic Violations Bureau. That law has been on the books several decades, and I'm not aware of one anywhere in the state, although I've not attempted to make a systematic survey.