Legal Question in Traffic Law in Georgia

legality of radar on hill

I was told by a policeofficer that GA had a law stating radar could not be used on a roadway with a slope of more than 6 degrees. Can I use this as a defense? The policeman was at the crest of a hill while I was coming toward him down another hill.

The radar would have had to curve down his hill, thru the swage and up my hill. This city was featured on TV news as running speed traps in March.


Asked on 4/20/05, 6:05 pm

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

Re: legality of radar on hill

According to � 40-14-9: �No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent.� So, you would have a defense if you were tagged in violation of this code section.

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 4/21/05, 2:06 pm


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