Atlanta, GA asked in Traffic Tickets for Georgia

Q: DMV doesn’t allow me to renew my tag due to a block from the GA camera ticket department. Should I fight the ticket?

They said the ticket occurred at a school zone. I found out about it from the DMV office, and I was told by the ticket collection agency that I cannot appeal because it’s been more than 60 days since they sent the notice by mail. They claimed that I was going 40 mph in a 25 mph zone. My car doesn’t allow me to go 10 miles higher speed limit without beeping like crazy so it has to be an error on their part. What they’ve done is accused me of breaking the law, declared that I’m guilty, and applying the sentence without any legal due process.

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1 Lawyer Answer
Glenn T. Stern
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Answered
  • Traffic Tickets Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: These tickets are civil infractions, not criminal; they do not go on your driving record are not considered "convictions." You were apparently issued a citation, which was mailed and a court date scheduled; I understand that your position is that you did not receive the notice, but regardless--you are now faced with the decision as whether it makes sense to take the time and expense that would be needed to "un-ring" the bell--or just pay the fine and be done with it.

Even if you were able to successfully get the case back in front of a judge to re-litigate the facts of the incident, fighting such a ticket with the defense you are offering is by no means a simple matter. First, to present this defense, you're going to need some sort of expert witness to come to court and testify on your behalf. They'll need to be able to explain their credentials, how the technology works, and then offer an opinion that it is sufficiently reliable that it is their opinion that you did not exceed the limit as alleged in this instance. As I am sure you are aware, school zones often rapidly drop speed limits quickly over short distances; the witness would have to be able to testify that the technology is sensitive enough to accurately operate even in such situations. Finally, as you (and thus your witness) concede that the car is actually able break the limit (it will just start "beeping like crazy" when you do) you'd have to convince the court that that didn't happen either. That is a tall hill to climb. Additionally, most expert witnesses charge a fee to testify, and you'd be responsible for that payment.

My point is--it's a complicated and probably expensive defense that will not resolve quickly, and coupled with the less-than-favorable odds for your success--it may be a situation where the ends unfortunately just don't justify the means. In this case--you can make the whole thing go away for much less headache and out-of-pocket cost than fighting it would probably involve. And of course, your registration will be tied up the entire time the matter is pending, so that must be factored in as well.

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