Wrongful Speeding Ticket in Georgia

[arpit]

I was driving from SC to FL ( I'm a FL resident). 15 miles in to GA, a cop pulled me over saying that I was going 86 mph in 70 mph zone (I-95). I told him that I wasn't going at 86, but at 76 but he said I can contest in court. I was following all other cars at 76 mph cruise control. He has cited me wrongfully. Also, It puts me in GA super speeding law which doubles my fines. This is Fraud. but how do I prove my innocence? Also, Will I have to drive from FL to GA to appear in GA court?

 

[FlyingRon]

As long as he had probable cause to believe you were speeding the ticket isn't "wrongful." You may be innocent, but that's not the same thing.
If you want to contest it in court, you need to appear or you may be able to get an attorney to appear for you. You should contact a lawyer near the court you are summonsed to inquire what he thinks he can do for you and for how much.

Your defense is useless in three ways:

1. What other cars were doing is immaterial. As your mommy should have taught you early on: two wrongs don't make a right.
2. Cruise control means nothing. Unless you're driving one of the snazzy new Teslas, the cruise control isn't going to apply brakes. It's quite possible to exceed the set speed.
3. Your testimony about what you believe you were doing won't add up to much against the expert witness (the cop) testimony.

 

[Zigner]

2. Cruise control means nothing. Unless you're driving one of the snazzy new Teslas, the cruise control isn't going to apply brakes. It's quite possible to exceed the set speed.

I agree with everything you said - I just want to point out that it's not only the Tesla's that will apply brakes...many manufacturers offer this option. My '16 Camry's "standard" cruise control will downshift to control speeds downhill.

 

[arpit]

As long as he had probable cause to believe you were speeding the ticket isn't "wrongful." You may be innocent, but that's not the same thing.
If you want to contest it in court, you need to appear or you may be able to get an attorney to appear for you. You should contact a lawyer near the court you are summonsed to inquire what he thinks he can do for you and for how much.

Your defense is useless in three ways:

1. What other cars were doing is immaterial. As your mommy should have taught you early on: two wrongs don't make a right.
2. Cruise control means nothing. Unless you're driving one of the snazzy new Teslas, the cruise control isn't going to apply brakes. It's quite possible to exceed the set speed.
3. Your testimony about what you believe you were doing won't add up to much against the expert witness (the cop) testimony.

FlyingRon: Thank you for reply. Does judge required police to present evidence or is it just based on testimony of Police?

 

[Zigner]

FlyingRon: Thank you for reply. Does judge required police to present evidence or is it just based on testimony of Police?

Testimony *IS* evidence. The testimony of an uninterested/unbiased police officer is pretty darned good evidence.

 

[FlyingRon]

FlyingRon: Thank you for reply. Does judge required police to present evidence or is it just based on testimony of Police?

I stand corrected, the DRCC in the 2016 will indeed apply the brakes.

 

[TheGeekess]

I agree with everything you said - I just want to point out that it's not only the Tesla's that will apply brakes...many manufacturers offer this option. My '16 Camry's "standard" cruise control will downshift to control speeds downhill.

Unless it's a really steep hill slope, my '08 VW Rabbit will hold its speed going downhill pretty well.