Legal Question in Administrative Law in Georgia
I received a speeding ticket in November. The officer said �do you realize you were doing 80� I responded , �no sir , I wasn�t and called my parents�. I kept checking online for the ticket, and it was not available until January. I wanted to come to court , but the court date was set for January 12, and my parents decided I could not miss school (I attend Valdosta state, which is 4+ hours away the semester just started that week, but I had to secure classes and get books). I could not attend court, and I didn�t to get into trouble for not paying the fine, so my mother paid it online. Had we known that paying the fine as opposed to going to court, would result in automatic suspension, I would have came home for court, or went back late-school started the same week. As stated I am a full time student attending Valdosta state university. I have off campus housing and I need to be able to go to my classes. I also play for the football team. I was injured last year, had surgery in October, and am now temporarily disabled (I have a temporary handicap status), for which I receive daily therapy on campus. I�m want to formally appeal the decision to suspend my driving privileges, and I hope you will reconsider and/or allow me to drive to school, therapy, and my summer job, which I hope to start as soon as the semester ends.
what are my options
2 Answers from Attorneys
First of all, you posted in an area where traffic and criminal lawyers will never see your post. This part of Law Guru deals with things like corporate appeals of administrative decisions and has nothing to do with crimes and traffic. So you're going to lose out on hearing from most traffic lawyers on this site.
None of the things you mention are an excuse for not seeing a lawyer when you got the ticket. A ticket can be serious. 80 can be especially serious. 80 when you are an under 21 driver is a disaster. You have learned a valuable life lesson. When you get a ticket you need to talk to a lawyer. If you're going to make the mistake of not doing that, you need to at least do a few minutes of reading (and this is stuff that is easy to find online) to know the consequences of a ticket. And to decide not to go to court was a huge mistake (and if you had seen a lawyer, lawyers often get resets for college students, plus they often will negotiate pleas that avoid a suspension). You actually DID know this but ignored it (remember the drivers book you needed to study to get your license that discusses suspensions?)
Depending on your age, drivers history, the exact charge, what date you paid the ticket and other details you failed to post, you may have some options. You now will need a good traffic lawyer and your cost will be more than if you had gotten one for the original ticket.
OCGA 40-5-64 may or may not apply. If it does, you can petition the court for a limited driving permit to get to and from school and work, but not do most other driving.
Additionally, if you have not yet too much time elapse, and are within the time to make a motion for new trial, some courts may grant one. There are strict time periods for this, so Monday morning you will NOT go to class, and will want to see a lawyer that morning. Don't repeat the mistake of "class is more important than court."
If you are within the time frame for an appeal, depending on what you "signed' online when you paid a ticket, you may also have an argument to void your "plea" based on lack of a waiver of jury trial. This depends on what was on the court's site and your paperwork.
Some courts are more sensitive to the young driver suspension problem so your results will be somewhat dependent on where you got the ticket. Your results will almost certainly improve by using a lawyer that is experienced in traffic law.
The important thing is to act fast.
The important thing to learn is that YOU are the adult and you can't use the excuse "my parents decided." YOU decided. Start with that fact, see a lawyer Monday, plan to spend some money on it, and see if you may fit in the narrow remedies here. You may or may not, depending on the details.
Bear in mind that unless you fit in the narrow exceptions, hardship is not a reason to bypass Georgia's suspension law.
One other note: there is talk this year of some changes in the under 21 suspension law. Whether those changes would affect you is impossible to know at this time.
Please learn the lesson that any ticket is serious. Please do take a drivers ed course whether or not your fix requires it (it will lower your insurance and may reduce points). Whatever the outcome, learn that when you are headed to court, your first stop HAS to be a lawyer.
I agree with the advice given to you by Mr. Ashman. Let me add that this draconian result in your situation came about as a direct result of a change in state law made by the Georgia legislature several years ago. The sponsor of that bill, at that time a State Senator, was now Republican Congressman Phil Gingrey of Marietta, Georgia. This bill, which in my opinion discriminates against young people--drivers over 21 do not lose their licenses for a first offense like young people do under this statute--was sponsored by Gingrey in an attempt to make a name for himself so he could run for higher office. It passed, he did make a name for himself and he was successful in running for higher office--at the direct expense of young people like you. Remember this next time you vote.
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