Legal Question in Traffic Law in Georgia

Incorrect Information on Traffic Citation-FL Resident-GA Citation

I am a FL resident and was in GA visiting. I was traveling back from my friends house on a very dark road in an area that I am not familiar with.Traffic was very light and I was concerned about pulling over on the side of the road because it was very late and I didn't know where I was.I was concerned that I was going the wrong direction so I was looking through the directions that I had jotted down earlier.I got pulled over and the officer claimed that I was going 72 in a 55.I do not believe that I was going 72 MPH,nor was I aware of the exact speed limit to begin with.I explained the situation to the officer.I still received a traffic citation. Upon reviewing the ticket,I found some incorrect information on it.My full driver's license # is not on the the ticket nor is the class or expiration date correct.She recorded that I live in GA when it is in fact FL. She also recorded my tag # as being a GA tag. She claims that she performed an accuracy check on the radar, but the time of the check reads 5:30P.M. when I got my ticket at 12:25A.M. If this officer could not even record the correct information on the ticket, how am I to accept that I was traveling at the speed she claims? Is there a way to rectify this without a court date?


Asked on 11/30/04, 10:56 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Incorrect Information on Traffic Citation-FL Resident-GA Citation

The radar is not required to be checked at the time of the ticket, but only a certain period of time before use. With regard to the mis-recorded information, it might make a difference as to the officer's credibility, but I doubt that it would even get that far. You have a court date where you will have a chance to explain to the solicitor your situation and request a reduction or dismissal. If you can't agree, than a trial date will be set and all of the issues in your posting can be addressed.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 11/30/04, 11:36 am


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