Legal Question in Traffic Law in Georgia

Hello I am 16 and I've received a traffic citation for 79/55. I was clocked by a Georgia State Patrol officer with a Genesis 1 Radar. The ticket stated that the radar was calibrated less than ten minutes prior to the ticket being written which isn't possible. The officer was traveling around a corner very near to the bumper of another car when I was clocked. Also I was told when I walked back to talk to the officer that I was actually traveling 77mph. The road had no traffic on it, and it was clear sunny day. If you'd like any more information just ask, but I know for a fact that I wasn't speeding. The officer stated his reason for ticketing me was "to teach a lesson." Considering that I am only 16 and the law states that at 24mph over I am at risk of having my license suspended.... That risk goes away if the ticket is 77mph. Do you think any judge would change things if he heard the officer state my speed incorrectly? Or is the ticket null and void because the radar wasn't really calibrated at the time stated? Also I was referred to Juvenile Court because of my age.


Asked on 5/06/12, 7:48 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I would suggest that you stop trying to be youre own lawyer and get your parents to help you hire a lawyer.

First of all, it is VERY possible that the radar was calibrated just before your stop. A radar gun is usually calibrated with tuning forks. Instead of the frequency, these forks are labeled with the calibration speed and radar band (e.g. X-Band or K-Band) for which they are calibrated.

At age 16, Georgia law requires that you be referred to juvenile court. In some cases that is worse for you that adult court and sometimes not. But you do need counsel.

In many cases, if your parents show an interest in your case, if you are a good student, if you did not show an attitude with the officer (or later with the judge) and you are willing to do defensive driving school and other programs, many courts may come up with a resolution that may save your license. However, if it is suspended, learn from that, as your world at 16 does not end without a license.

The fact that you misunderstood the officer saying 77 when the radar said 79 doesn't help you as much as you think as both are speeding.

The Genesis brand of radar gun is manufactured by Decatur Electronics, an Arizona-based company yjat has been in business since 1955. In 1991 it introduced the industry standard for dash-mounted radar, the Genesis I. Radar isn't perfect. Operators can make errors and some studies show some problems in some cases. Be aware that you can't just go into court and say that. A successful challenge is expensive and usually requires expert testimony and solid facts.

Again, talk to your parents. Have them help you get a lawyer. And please drive carefully. Good luck!

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Answered on 5/06/12, 8:06 pm


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