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I didn’t think to get out of my truck and check for damage. I thought, at most, I would have a dent in my fender. Two days later, the Atlanta PD called. I’m being charged with hit and run. What should I do?
answered on Dec 10, 2024
I would recommend you speak with a lawyer. There are a few different charges associated with a driver not stopping after an accident and the police frequently issue citations under the wrong code. Importantly, this is not Hit and Run because it was a fixed object that was struck. Importantly, Hit... View More
Is there any way to get a copy of the dashcam and bodycam videos associated with my citations before my arraignment? I asked the officer who cited me if he had dashcam video, and he did. I was able to view the dashcam video at that time and believe it is exculpatory. He told me to file an ORR... View More
answered on Dec 9, 2024
You will normally get this through the traditional discovery process. This would be done by filing a motion with the court and serving the solicitor. While the timing doesn't guarantee you will receive it before Arraignment, the court understands that you likely don't yet have access to... View More
My wife got T bones by a car not paying attention, she was driving through the light and a truck cut her off at the intersection causing her to be stuck so when the in coming traffic came the driver was not paying attention and hit her
answered on Oct 25, 2024
A Georgia attorney could advise best, but your question remains open for over two weeks. This may be more of a "Car Accident" question than a traffic ticket question. At any rate, she is not liable if she had no reason to anticipate the truck's maneuver. She also has the strong... View More
My friend and I were pulled over for going to slow in the left lane. Mine you there were no cars behind her, she had went around a truck and stayed in the left lane. The officer stated that she was driving to slow 48 in a 55 zone. Other cars need to pass that was going faster. The only cars were... View More
answered on Oct 23, 2024
Signing a ticket is not an admission of guilt, but rather, acknowledgement of the court date on it. It is important to note that most moving violations in Georgia are considered criminal misdemeanors, meaning that they are punishable by up to 12 months in jail and a $1,000 fine. Additionally,... View More
I (uneducated about the difference) requested a jury trial when I was asked if I wanted a jury or bench trial. I’m wondering how I can file an appeal.
answered on Oct 21, 2024
If you filed the demand for jury trial in a city, recorders or magistrate court, your case may have already been transferred to a state or superior court for the trial. Regardless, you can switch to a bench trial merely by filing a document known as a "Waiver of Jury Trial" with the clerk... View More
answered on Sep 23, 2024
The Federal government through the NHTSA mandated that all cars manufactured from 1986 and on to to have the third brake light. Georgia law requires that if a car was manufactured with two brake lights, both must be operational (OCGA 40-6-25(b)) and in general that all brake lights work properly... View More
GA law: Is a traffic ticket automatically dismissed if the citing officer does not appear in court?
answered on Jun 16, 2024
Even if it is not-the prosecutor can cure such a problem very quickly by simply filing their own accusation in court, which of course would be signed and valid.
As far as the officer appearing-officers are not usually subpoenaed to be in court for your initial appearance. On that day,... View More
answered on May 20, 2024
No, there is no requirement of knowledge as an element of the offense under the law. Most traffic offenses (including this one) merely require that the offense be committed (e.g., it is not necessary that they prove you knew that you were speeding, only that you were speeding.)... View More
answered on Jun 1, 2024
The operator of a vehicle on the highways is responsible to be sure that the vehicle is in compliance with all the laws, headlights and taillights working, turn signals, and registered with a valid set of tags. For consolation, no body walks their car before getting in to check the tags, but there... View More
answered on Apr 16, 2024
OCGA 40-6-124(a) says you can use hand and arm signals or signal lights. However, if you are on a highway, larger vehicles as described must use lights. Specifically, OCGA 40-6-124(b) requires them
"when the distance from the center of the top of the steering post to the left... View More
I have also a picture with my uber blue sign if needed
answered on Mar 16, 2024
Georgia law says you can't have blue lights on your vehicle unless you have authorization from the state. There is no "Uber driver" exception. You can go to court and talk to the prosecutor about it, and perhaps they would reduce or dismiss the ticket, but technically it's... View More
Received a ticket and want to use my Right to travel without paying a fine.
answered on Mar 7, 2024
No. Those sovereign-citizen videos are worthless. You have a constitutional right to travel-you do NOT have a right to travel in a motorized vehicle on the public roadways without having a valid license, registration and proof of insurance. Most courts these days are wise to the sov-cit script,... View More
And why didn't the person that stold my license go to jail that night goin 90 in a 40..how can I get this fixed
answered on Feb 27, 2024
You can go the the court and request a copy of the citation from the clerk's office. That will have the made, model and license plate of the car that was stopped. Going 90 in 40 could end up getting someone arrested-but it's not required, and that decision would likely be up the officer... View More
answered on Feb 19, 2024
Exceeding the speed limit by 25 miles an hour carries 4 points, and unfortunately, any conviction for an offense that carries 4 points or more is an automatic suspension license for an under-21 driver.
You should consider contacting and retaining an experienced attorney, who may be able... View More
I am a current law school application that just found out I have an open case for 2020 traffic offense. And I’m now trying to address in my social conduct statement for schools regarding my character and fitness
answered on Feb 3, 2024
Contact the clerk of court for where the failure to appear is and ask how you can resolve the failure to appear. And then get it done ASAP! Sometimes you can just pay it off, although you may have to make an appearance to get it set aside-depending on the judge and/or the court's local rules.... View More
I had gotten a citation for going over the speed limit on a school zone in the mail. I just wanted to know what other misdemeanors/ citations get sent out in the mail.
answered on Dec 24, 2023
Typically, these tickets (with photos taken with a speed-detection camera) are not actually misdemeanors; in fact, they are not criminal, and do not go on your driving record. The ticket should indicate whether it is criminal or not in the language. However, even if it is not criminal, but a... View More
local PD signed ticket ,but I didn't.
answered on Dec 21, 2023
If you received a traffic citation in Georgia and did not sign it, but the local police department signed the ticket, it is generally not a critical issue. In many cases, your signature is not a mandatory requirement for the citation to be valid. The officer's signature is usually sufficient... View More
The searched my car and found schedule 2 pills I told them no they couldn't search n they got the dog the pills was dropped by a friend I picked them up n put n a bottle intending on throwing them away weeks ago and forgot can I get it dismissed based on the original reason they stopped me he... View More
answered on Dec 5, 2023
In Georgia, if you received a citation for non-working brake or tail lights but believe this was incorrect because your lights were functioning, this could potentially be a basis to challenge the traffic stop. However, the subsequent discovery of schedule 2 pills during the search adds complexity... View More
The officer threatened me with jail to sign my name as it appears on my state driver's license during a traffic citation and not to write no contract on the citation.
answered on Dec 1, 2023
Most traffic violations in Georgia are misdemeanors (that is, punishable by a fine of up to $1,000 and up to 12 months in custody).
OCGA § 40-13-2.1 is the relevant statute:
"(a) A person who is issued a citation as provided in this chapter or Code Section 17-6-11, relating... View More
answered on Nov 14, 2023
The amount of time that law enforcement agencies have to charge someone with drug possession from a traffic stop varies depending on the jurisdiction. In some jurisdictions, the statute of limitations for drug possession cases is one year, while in other jurisdictions, it may be two years or even... View More
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