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Samuel-II
Samuel-II, Attorney
Category: Traffic Law
Satisfied Customers: 27009
Experience:  I have been handling minor traffic offenses for more than 20 years.
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I have received a speeding ticket on I75 south county

Customer Question

I have received a speeding ticket on I75 south Henry county Georgia. When the officer pulled me over he stated the he allowed 80m/h even though the signs show 60m/h. he says I was going at 81m/h and because of that he pulled me over. I told him that my car was setup to not be able to go over 80, not even if the gas pedal was pressed all the way to the floor, to what he replied that he didn't know about that technology; I even told him that he could drive it and he was never going to be able to make it run at 81 and he insisted that the radar showed that. He was under the impression that I was going to Cincinnati because I have Ohio plates, and was encouraging me to just pay online if I didn't want to make a trip back to Atlanta.
My question is:
1. If i was going at 80 (like everybody else is allow to go without getting a ticket) is that a valid reason to get me a ticket if he states that he allows 80 but the signs show 60?
2. I will not be able to go to court on that day. how could I arrange a new day or there is no way around that?
Submitted: 10 months ago.
Category: Traffic Law
Expert:  Samuel-II replied 10 months ago.

Hello

This is Samuel and I will provide you information in this regard.

1 - If you were going anything over the speed limit, regardless of the other traffic that is just cause to give a speeding ticket. The fact that officers grant a little latitude is of no consequence.

2 If you cannot make the current court date, you need to contact the clerk of the court and request a new date. That should be in writing and you can call and get a fax number to fax your written request. However, do not Assume it has been granted. Follow up again with a phone call to the clerk once it has been faxed and see if the court will grant your continuance.

Customer: replied 10 months ago.
what is the form that i need to fax? can I just do it over the phone instead?
Expert:  Samuel-II replied 10 months ago.

You will want to write a letter stating that you have a court date on whatever date and you cannot make that date and request the Honorable Court to assign another date. You will need to state why you cannot make the current court date.

Expert:  Samuel-II replied 10 months ago.

You can call the clerk of the court, but they will tell you to put your request for continuance in writing.

Expert:  Samuel-II replied 10 months ago.

Please let me know here, if you have other questions. Otherwise I would appreciate a positive rating as that is how I get credit for my time and information.