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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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traffic gore violation

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traffic gore violation
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Customer: replied 7 years ago.
I was trying to exit off the highway to arrive at my job at 9am today, but the right lane was blocked with stalled cars for 1.25 miles (from the last exit). I looked for openings to merge to exit, but there weren’t any due to very little car movement. When I got to closer to the exit, I decided last second to merge into the lane going over the “gore” portion of the road. While I merged over, there was an officer writing tickets for 2 other cars (assuming for the same violation). He signed for me to pull over and proceeded to write me a ticket for merging over the gore. While waiting for my ticket, the officer pulled an additional 2 people over for the same violation. Thus, in my 10 minutes of waiting for my ticket, 5 people were pulled over for this violation while traffic behind was stayed at a standstill.

I feel as if this whole situation was entrapment since I wouldn’t have had trouble merging had they not slowed cars near the exit causing a huge traffic delay right before everyone was to arrive at work at 9am. Also, they were clearly picking out multiple cars as a result of them slowing traffic which of course is 1 day before month-end (citation quotas).

The officer wrote me a citation for violation for Georgia code 40-6-50 which is moving over a gore/should portion of the road. I don’t know the amount of the fine at this point, but the officer said it was a two-point violation and my court date is 4/28/2010. I have never been pulled over in my 11 years of driving and I feel like it got suckered. What can I do to ensure that my car insurance won’t increase over something this basic?
Go to the first hearing and ask for defensive driving. They HAVE to offer it to you as choice. The money you’d spend on court costs and the defensive driving will likely equal close to but not as much as the ticket would have, and you won’t have a ticket conviction. Send in proof of completion. Case dismissed. Never worry about it again.

If for some reason defensive driving is not offered, ask for deferred adjudication. It’s essentially the same thing – you agree not to get into trouble again, and if you don’t get any more violations in 6 or so months, the ticket is dismissed. Pay the Court costs, and go.

Otherwise, you CAN set it to trial, but it's just not worth it - you'd have to come back 2 more times, and if you lose (likely), a record and a large fine await you. Of course you CAN hire an attorney to fight it for you, and they MAY dismiss it on a procedural error or by the officer not showing up, but you’d end up paying the attorney MORE that you would pay the for a program that would keep the ticket off your record anyways. Practicality over principle here makes more sense. Traffic tickets are a cash cow for counties and municipalities – it’s not about fairness here; it’s about revenue for them.


Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer: replied 7 years ago.
Hi, thanks for the advice. Also, if the charge is dismissed, does it go on my record even though it was dropped?

Will my insurance increase even though the charge was dropped?

Or if the charge is dropped, is it treated as if the violation never happened?
No, it will not. If it is dropped, your insurance will not even know about it. It's as though it never happened.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















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