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.

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

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

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.

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

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

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

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

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.

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

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.

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

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.

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

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

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

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

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

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

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