Radar and speed limit signs is there a minimum distance | FerrariChat

Radar and speed limit signs is there a minimum distance

Discussion in 'South Central - USA (TN, MS, AL, GA)' started by Redlambo, Aug 5, 2010.

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  1. Redlambo

    Redlambo Formula 3
    Silver Subscribed

    Nov 5, 2004
    2,413
    Pendergrass GA
    Full Name:
    Vic Woloschinow
    I am curious on if there is a minimum distance from a posted speed limit sign that a police officer has to maintain while using radar or laser? I recently got a speeding ticket very close to a change in speed zone. In my particular case I was traveling at 68 in a 55 and came up on a 45 mile per hour sign. Just as I noticed the sign and started to reduce my speed I notice a police car traveling in the opposite direction make the U-turn. When he made the U-turn he and I were no more than 50' to 75' feet after the posted sign. He then wrote me the ticket for 68 in a 45, was I speeding yes however I had noticed the sign and was slowing prior to crossing its path. Was I going 45 after the sign no; however I do not believe I was going 68 either. Is it splitting hairs? Not really as I believe that the D.A. has the ability to drop the points and issue just a fine as long as the speed was not in excess of 19 miles over. I have not been pulled over in over for anything in over three years, my license is clean and I would like to keep it that way. Can someone in the know chime in on the subject? Thanks in advance, Vic
     
  2. rossocorsa13

    rossocorsa13 F1 Rookie

    Jun 10, 2006
    2,557
    Nashville, Tennessee
    Full Name:
    M
    Given the particular mood that the judge is in on the day of your hearing, your record and the peculiarity of the situation might work in your favor. That's what I would bank on. Plead your case in light of speeding in the 55, not the 45, and it may work out.

    But don't bank on getting out of it completely. Even 12 over is hard to get away with...
     
  3. thecarreaper

    thecarreaper F1 World Champ
    Silver Subscribed

    Sep 30, 2003
    17,970
    Savannah
    you need to fight this, you may get a letter from the State and DMV about a Super Speeder Ticket, with an additional $200.00 fine and possible License suspension proceedings.

    I am in Savannah, and work with someone who got a simple ticket at 20 over. a few weeks later he got the notices, another fine, and a court date in October for drivers License suspension proceedings, whatever that means. he got a simple ticket, and was let go . he was not charged with anything else, nor was he arrested for any reason. he did not find any of this out until a few weeks later as everything came by mail. the ticket was from North GA somewhere.

    he now has an attorney.

    you may want to ask about one

    all the States are now POLICE STATES, and all they want is your money.

    FIGHT THEM IN COURT.

    :mad:

    good luck.
     
  4. Redlambo

    Redlambo Formula 3
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    Nov 5, 2004
    2,413
    Pendergrass GA
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    Vic Woloschinow
    #4 Redlambo, Aug 6, 2010
    Last edited by a moderator: Sep 7, 2017
    House bill HB160, the super speeder bill does not apply in my case as I was not traveling in excess of 75 MPH on a two lane road and I was not traveling in excess of 85 MPH.

    I however am not pleased that I have been charged with going 68 MPH in a 45 MPH zone as I believe the radar reading was taken before the speed limit sign and I was slowing as I approached the sign. I appreciate the responses and advice guys alothough I would still like to know if there is minimum distances for radar/laser at speed zone changes. Guess I will have to call an attorney later today.
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  5. UB2SLOW

    UB2SLOW Georgia

    May 23, 2009
    80
    Suwanee, GA
    It could be argued that at the time you were clocked doing 68, you were in a 55 zone and not yet crossed into the 45 zone. Though you were speeding, the ticket states that you are charged with speeding in a 45 when you were in fact likely "clocked" in a 55. Though you would be guilty as charged for speeding in a 55, this is not what you were charged with. You were charged with speeding in a 45 which you are not guilty of. I would plead not guilty and move to dismiss the incorrect charge. Check the ticket closely to see the location of the infraction sited on the ticket. If the officer gives a location that was in a 55, the record even indicates you are not guilty. I know this is a technicality but trust me, this is the way the law works. Literally, you will not be guilty "as charged".

    Good luck....
     
  6. Redlambo

    Redlambo Formula 3
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    Nov 5, 2004
    2,413
    Pendergrass GA
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    Vic Woloschinow
    Unfortunately he wrote the location in the 45 MPH zone as it was the closest intersection to reference the location and it is where I stopped.
     
  7. UB2SLOW

    UB2SLOW Georgia

    May 23, 2009
    80
    Suwanee, GA
    I would still fight it. Before he sees the direction of your defense, ask the officer to confirm the location that you indicate he clocked you and then point out that this was in the 55 zone where he likely clocked you. Then bring a picture of the 45 limit sign location. If you can present reasonable doubt of the exact location of the clocking, you could be lucky.

    Best of luck...
     
  8. thecarreaper

    thecarreaper F1 World Champ
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    Sep 30, 2003
    17,970
    Savannah
    i understand. good luck to you, hope it works out.
     
  9. ROULEUR

    ROULEUR Formula Junior

    Dec 15, 2008
    308
    Atlanta, Ga
    Full Name:
    Chris C
    If you do not ask for them to drop completely, I would think you have a chance at the reduced fine and points. Good luck with it, sounds like it is worth the investment in a lawyer. I would not do the dance without one though. Where did this happen? What county I guess as some are tougher than others. Best of luck Vic.
     
  10. Redlambo

    Redlambo Formula 3
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    Nov 5, 2004
    2,413
    Pendergrass GA
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    Vic Woloschinow
    Thanks for the response guy's. Chris it happened in Loganville, GA which gives this a bit more of a twist as Loganville actually shares counties, Gwinnett and Walton.

    I have been down this road once before in Loganville back in 2001 as I was clocked for speeding 63 in a 45. I went to court and plead not guilty, I could have opted for a change of venue to Gwinnett Co court because of this reason even though the incident happen in Walton Co. When I came back a second time and the judge asked me if I was ready to plea my case I said yes. The court clerk then leaned over to the judge and whispered to him telling him that the officer was not present. The judge then said he would have to reschedule the hearing. I objected, stating that I was present and prepared and asked that he dismisses the charge. He said NO, again I objected and reminded him that he asked if I was prepared in which I answered yes and they were not prepared. He again said it was his decision on if he would reschedule and he chose to reschedule. (complete BS IMO).

    I came back a month later pissed and ready for war however the point still remained the officer clocked me, checked his equipment and it passed. I chose to represent myself, I had so much information on the inaccuracy of radar it would make your head spin as it did mine. For the record these really nifty units are subject to some very big inaccuracies as I found out myself in researching them. I knew my testimony would more than likely be thrown out, as I am not an expert on radar equipment so I had a strategy. The entire time I plead my case riddled with questions about the inaccuracies of radar I asked specific question about, surrounding traffic, direction of travel, my speed and the speed of other motorists.

    After my presentation, the judge would not allow any of my radar testimony, as I was not an expert. However during my questioning of the officer he acknowledged that I was following by two car lengths another white truck that was not speeding and I maintained my lane while being the only vehicle speeding??? I asked him if there was an accident? He said no. I then asked him if I was driving a helicopter? Both he and the judge gave me a funny look and the dozen police officers behind the bench started snickering (In Loganville the officers sit behind the bench and the judge). The judge asked me to clarify my question. I stated that it was not possible for me to be the only vehicle speeding, while following another vehicle traveling in the same direction that was not speeding and maintain my lane and not be involved in an accident unless I jumped over top of the other vehicle.

    The courtroom broke out in laughter including the police behind the bench. The judge however was in not so much of a laughing mood as I had wasted 20 minutes of the courts time (AS HE HAD WASTED MINE). He asked if I had anything else to say for myself, and I responded no, he then found me guilty as charged and doubled my fine. I asked if they would take a check, as I didn't bring that much money with me.

    I guess I will hire an attorney this time and request a change of venue. Sincerely Vic
     
  11. Sir Robbins

    Sir Robbins Karting

    Sep 16, 2009
    132
    In a house
    Full Name:
    Chris
    Just for the record in Georgia (atleast in Fulton), 24 over any speed limit is subject to suspension. However, you were doing 23 over (basing it was 68 in the 45) which is as close as you can get. Was this your first speeding offense? FIGHT for the 55 like they stated above. Best wishes!
     
  12. gcmerak

    gcmerak Formula 3

    Mar 17, 2008
    1,663
    Engine Bay, Georgia
    Full Name:
    George C.
    Vic, hire a lawyer. So many judges are So bi-arsed, it's one big money making club!

    Ciao,
    George
     

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