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Questions Answered by Zachary Taylor Beck
1 Answer | Asked in Traffic Tickets for Georgia on
Q: No information given about the erection of a speed camera in a school zone. Just got a first violation with charge

Is there anything to file for not notification of erection or the fact that there was no warning given just straight charge?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 31, 2022

The county/city does not have to notify you when it installs speeding cameras. This is because the speed limit signs put you on notice of the legal speed limit and the camera is merely an enforcement mechanism.

1 Answer | Asked in Divorce for Georgia on
Q: My husband and I have been married for 6 month can we still get a divorce in ga since it’s less than a year

We still live together and have sex at times there is no infidelity or abuse or anything out of the norm we just cannot seem to see things as a unit

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 31, 2022

Georgia law requires the parties to a divorce action to live in a "bona fide state of separation" before filing for divorce. There is no exact timeframe of separation required. Because you are still having sex and living with your husband, you might not meet this standard and therefore... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Is wearing a thong bathing suit to the pool/lake considered indecent exposure in the state of Georgia?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 29, 2022

O.C.G.A. sec. 16-6-8 provides: A person commits the offense of public indecency when he or she performs any of the following acts in a public place:

1. An act of sexual intercourse;

2. A lewd exposure of the sexual organs;

3. A lewd appearance in a state of partial...
View More

1 Answer | Asked in Copyright, Employment Law and Family Law for Georgia on
Q: Hello Lawyers: I want to know, can I sue French Montana and Coke Boys Record?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 29, 2022

A person can file any lawsuit they want against whoever they want. However, whether that lawsuit is successful and warrants merit is another matter. Further, filing frivolous lawsuits can result in severe sanctions. Thus, consult an attorney before you file any type of lawsuit.

1 Answer | Asked in Divorce for Georgia on
Q: How do I ask the Court to award immediate attorney fees to help you get representation for a divorce? I am disabled.

Thank you for your help.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 25, 2022

You will likely need to consult a Virginia lawyer because your wife resides in Virginia. A Georgia court can grant a divorce if either party has resided in Georgia for six months. However, a Georgia court cannot award attorney's fees, alimony, or any property outside of Georgia if the Georgia... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: O.C.G.A 40-6-189 states that I would be notified within 30 days, my ticket was 5/30. Today is 8/4, any way out of it?

The ticket was on 5/30 and I paid the ticket on 6/25. I paid $382 and now I am being asked to pay $200 more? This ticket was in Monroe County if that makes any difference.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

The Georgia legislature enacted O.C.G.A. section 40-6-189, also known as the "Super Speeder Law", which penalizes speeding in excess of 85 miles per hour and 75 miles per hour on certain roadways. The fine for a super speeder violation is $200.00, independent of the county/city fine... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Got ticket with a violation code 40-6-181 , allegedly i was driving 86 on a 65 zone. I got charge $750. Is that right?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

Most likely. Speeding is a misdemeanor in Georgia and counties/cities are authorized to set their own fine amounts for speeding violations as long as said fines are reasonable and not over $1,000.00. Further, the Georgia legislature enacted O.C.G.A. section 40-6-189, also known as the "Super... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Is it possible to be wrongly accused of street racing based on the type of car you drive?

Driver of a BMW M3 was pulled over on interstate 20 downtown in Atlanta on a Saturday night and was accused of street racing with “helicopter” footage. No footage was or had been provided and driver was immediately arrested and the driver’s car was impounded by a Georgia State Patrol officer... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

It is possible. However, you would need to acquire and review the helicopter footage to determine if an objective, reasonable person would conclude that the driver was driving the BMW M3 for the purposes of a race, speed competition or contest, drag race or acceleration contest, test of physical... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: Father has just as much right to son, but.mother is hiding him from her. The law will not get involved it has been 3 bef

Friend if.mine.shares custody with child . Mother refuses.to retun child and wi not tell him where his son is

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

If there is a valid, final or temporary custody order, or the equivalent of a valid, final or temporary custody order included within a divorce decree, and said order gives the father joint custodial rights or visitation rights, then the father should file a motion for contempt to enforce the order.

1 Answer | Asked in Car Accidents for Georgia on
Q: My boyfriend was driving my car and was in an accident. He was deemed not at fault but the other guys ins denied claim.

My bf was insured to drive my car. While driving it, he was in an accident. I was not there. He got a speeding ticket based solely on the slide to stop formula and that was the reason stated for the claim being denied even though the report said it was the other guys fault. My bf had liability... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

If you have collision coverage, then your insurance should likely pay your property damage claim, regardless of fault. If you have collision coverage (or the equivalent of said coverage), you should make a claim with your insurance company. While the alleged at-fault driver's insurance has... View More

1 Answer | Asked in Family Law for Georgia on
Q: Can my unlegitimized baby's father use that I'm not replying to him against me in court later?

My baby's father is not legitimized. He has been harassing me everyday since I left him. I stopped texting him back a week ago. My baby is two months old. He says one minute he don't want anything to do with her multiple times then the next he wants to see her all on text. My parents are... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 23, 2022

If the baby's father is not legitimized he has no custodial rights. However, once legitimized, a court may later hold it against you for restricting contact between the child and the father. Albeit, 400 messages seems excessive.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: What is will judge most likely do in a revocation hearing.

Felony probation. Has been on it for 3 years after serving prison time and parole. He violated probation by not completing all of the drc treatment plan. He couldn't work and do those classes completely. He has 2 babies age 1 and 3 whom he is the main provider. His family is facing eviction... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

It is hard to say what the judge will do. Judge's have wide discretion in revoking probation based on non-compliance or new arrests. You should consult a lawyer who could point to good facts that could possibly keep the judge from revoking probation and ordering the person to remain... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for Georgia on
Q: Can we fight a traffic ticket for obscured license plate when in fact the entire license plate was visible?

Top portion of the "Georgia" was covered by a broken "Atlanta Falcons" tag covering....the top portion of the covering is the word "ATLANTA" in red writing but honestly the "peach" & "Georgia" is visible. My daughter stated that he came to the... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Yes. Take the license plate to court and request the dash cam footage and present it to the judge or jury. At that point, the judge or jury will weigh the credibility of the above evidence against the police officer's testimony and determine if the tag was obscured.

1 Answer | Asked in Personal Injury for Georgia on
Q: How do I need to proceed after being hit by a pickup truck while I was walking?

Since I was at the one driving I don't have an insurance company to ask who do I ask?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Hopefully you got the truck driver's and his/her insurance company's information. You would assert a claim against the driver's insurance company. You should consult a lawyer who could handle asserting a claim against the insurance company and pursuing litigation if it is needed.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Georgia on
Q: Do I have a civil case against the deputy or the county for violating my rights?

I was approached by a deputy while standing in a hotel parking lot and charged with obstruction for failure to ID, arrested and put in jail in Georgia.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

You do not have to provide ID unless you are driving a car or the officer has probable cause to suspect a crime was being committed. Thus, if the officer had probable cause to believe you were committing a crime, then any civil suit would fail. Further, suing police officers for conduct committed... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: Hello my boyfriend was charged with 46 financial transactions card they say it was over $4k he is on state probation

What will they do ..how much time will they give him this is his fourth time being locked up

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Georgia superior court judges have wide discretion when sentencing a defendant. Thus, there is no clear answer to what sentence the judge will enter upon conviction. Many factors go into sentencing including: age, criminal history, community involvement, etc. Some judges will even consider drug use... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Can a conviction be remanded being the charges did not merge even though it was in the same commission with a weapon

Aggravated Assault two counts and Aggravated Battery being the worst, since the victim was struck with a machete on the head and used their arm to block another blow rendering it useless in the same commission. Convicted on every injury towards the victim and sentences to consecutive 20 year terms... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

If the convictions stemmed from one succinct criminal transaction and all against the same victim, then the aggravated assault convictions should have merged with the aggravated battery conviction for sentencing purposes. See Regent v. State, 299 Ga. 172, 787 S.E.2d 217 (Ga. 2016). However, note... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Can a convicted felon with a replica decorative gun and decorative bullets be convicted of a “FIREARM”?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

O.C.G.A. 16-11-131(a)(2) defines firearm as "any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge." Thus, if the decorative gun can be converted to shoot any type of projectile by explosive or... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: how many days for dose it take for a fast and speedy trial if it gose over over the speedy trial limit what do i do next
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

The constitutional right to a speedy trial is usually misunderstood by most non-lawyers. The meaning of speedy is quite subjective to different people. Georgia courts have analyzed the right to a speedy trial under a reasonableness standard. Thus, there is no exact day(s) amount that passes where a... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Georgia on
Q: O.C.G.A. 40-6-395 Is this a conviction of this crime and is this right?

I had an incident where I was speeding, I got scared when i saw the police lights, and ran from the officer in my vehicle, then calmed down and left my car in park to walk back to where the officer had stopped to turn myself in. In court, the judge ruled it as a traffic infraction with no points... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

DDS is an executive agency with its own policies and rules, which the Georgia Legislature delegated the legislative authority to DDS to make. An answer explaining separation of powers, the non-delegation doctrine, and that it is a privilege, not a right, to drive in Georgia would require a lengthy... View More

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