# Citation for 70 in a 35, what to expect?



## Mr7mag (Jun 9, 2014)

Asking any LEO or other people in the know on this one. 
Was cited by the GHP in Hall county for doing 70 in a 35 mph zone. My last speeding ticket was 12-13 years ago. Being 48 years old, I'm very curious what to expect. They would not allow me to pay the fine, without appearing. 

What should I expect.

Only seeking responses from LEO or people with firsthand knowledge of court proceedings for citations like I mentioned!  Thank you


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## BowHunter89 (Jun 9, 2014)

Super speeder for sure


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## Backlasher82 (Jun 9, 2014)

BowHunter89 said:


> Super speeder for sure



Super Speeder applies to 75 or more on a 2 lane and 85 or more on any road.


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## Mr7mag (Jun 9, 2014)

*super speeder*

Georgia's 'Super Speeder Law' defines a Super Speeder as a driver convicted of speeding at 75 mph or more on a two-lane road or at 85 mph and above on any road or highway in the State of Georgia.

Since I was stopped for 70mph on a 4 lane road, by definition super speeder does not apply.


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## Dog Hunter (Jun 9, 2014)

isn't superspeeder 75 mph or more?


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## StriperrHunterr (Jun 9, 2014)

http://www.georgiadefenders.com/traffic.serious.htm

Since they want you to appear they are either A) trying to scare you straight, or B) planning on throwing the book at you. 

In NC you would have been charged with felony speeding, and when I googled that for GA, the site above came up, which you might be able to be wedged in under the "racing" category. 

Did they tell you how much the fine was? Do you have an attorney? 

If you know how much the fine is, bring it to court to show good faith in trying to make it right. 

If you don't have an attorney, I'd look at getting one, IMO.

EDIT: I know this because I was going to be charged with it when I was 18 for doing 61 in a 45 and, in NC at the time, anything 15 over the speed limit triggered it (probably something to do with reckless driving or whatnot). I got it reduced to 55 in a 45 or something and paid the fine, but I was able to go to the magistrate before the court date and just plead it down. You can't do that, at least in Gwinnett county, according to the magistrate. You either pay the fine, or go to court, here.


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## Jody Hawk (Jun 9, 2014)

StripeRR HunteRR said:


> If you don't have an attorney, I'd look at getting one, IMO.



This.


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## Atlanta Dawg (Jun 9, 2014)

I am not a LEO and most LEO's wouldn't be willing to hazard a comment one way or the other-just like the Trooper usually says he has no idea what the fine is, etc.....You need to hire a good attorney with positive experience in these matters.  Your insurance will go through the roof if you fail to fight this and win.....


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## merc123 (Jun 9, 2014)

What is cited on the ticket?  Is it simply speeding?  It will give you all offenses you are being charged with as well as the OCGA code.  Since you allegedly were speeding at 35 MPH over the limit I'm assuming they are probably smacking you with a reckless driving charge also which is probably why you are having to appear.  

It should say super speeder on the ticket also but in this case based on your details I do not believe this is the case.  You are also lucky you weren't arrested.

Super Speeder



> § 40-6-189.  Classification as super speeder; fees; funding for trauma care system.
> 
> 
> (a) As used in this Code section, the term "department" means the Department of Driver Services.
> ...




Reckless driving:


> § 40-6-390.  Reckless driving
> 
> 
> (a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.
> ...



This will be the max fine of your ticket...notice it only goes to 34...



> § 40-6-1.  Observance of chapter required; punishment for violations generally; maximum fines for certain offenses
> 
> 
> (a) It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.
> ...


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## Mr7mag (Jun 9, 2014)

*Ocga*

40-6-181 
Only listed charge on the citation.


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## merc123 (Jun 9, 2014)

Mr7mag said:


> 40-6-181
> Only listed charge on the citation.



Yep, speeding...  MAYBE you can get away without a reckless driving charge but I would consult an attorney at the very least.  You might be able to plead for a less charge but I'd still see an attorney.  A $1,000 misdemeanor would be a hard pill to swallow.


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## gobbleinwoods (Jun 9, 2014)

Mr7mag said:


> 40-6-181
> Only listed charge on the citation.



That code is speeding.


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## The Longhunter (Jun 9, 2014)

Most courts have a rule that if you are 20 MPH or more over the limit, you have to make an appearance.

35 MPH indicates residential or built up zone.  Court probably has its own rules about enhanced fines.


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## The Longhunter (Jun 9, 2014)

Might try this.

http://www.hallcounty.org/judicial/jud_clerk_ticketpayments.asp


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## copperheadmike (Jun 9, 2014)

Got one in Morgan county a few years back, 95 in a 55... Got myself into that Super speeders club everyone talks about. I went to court and talked them down from $1500 to 700 and paid it. My insurance really did not increase much and has gone down since. I have also learned to keep my foot outta the gas a bit!


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## T-N-T (Jun 9, 2014)

BEFORE superspeeder was thought up to get huge revenue...  I would tell you, you can go to court and get it reduced to a lesser speed and lesser fine.  I did this a LOT when I was young and lived in a less rural area...
I called the courthouse once rather than driving 3 hours to court.  I was given a much lesser speed and fine over the phone.  Then paid promptly.  Sounds like you are out of luck here though as you have already talked on the phone it sounds.
Most times,  (most)  you can tickets reduced with a little "I am sorry,  I messed up,  I know I was wrong and am correcting my driving habits".  So I hope you get a little fair treatment.


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## Gadestroyer74 (Jun 9, 2014)

One could also plea no lo contender. I think that's how is worded done can do that once every 7 years. Being a trucker for 21 years and had mor tickets than I could even remember. Get a attorney in the county in which you have to goto court in. They know the judges and can help you a lot.. No way I would ever goto court on a deal like that without one. Had you been driving a semi at that speed your license would be gone period ! Take it from someone who deff knows get a attorney. I got one years ago for 105 in a 55 yeah I know stupid. Reckless driving Impounded my car 500 $ fine had to be paid before I could get out Impounded car had to pay that aswell 85$ and my insurance went nuts young and dumb won't do that again


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## tcward (Jun 9, 2014)

I had a 58 in a 35 by the GSP last year. Paid it online....85.00


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## SPED (Jun 9, 2014)

OCGA 40-14-5 may help if you want to fight it.  I used it in a motion to suppress and won my case. By the way I was 63 in a 35 and it was right at 500.00


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## biggsteve (Jun 10, 2014)

lawyer.


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## the HEED! (Jun 10, 2014)

Id like to write your insurance!


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## Hilsman (Jun 10, 2014)

I got a ticket in Griffin about 11-12 yrs ago for 65 in a 30.  I was about 19.  First time I ever got pulled over or got a ticket.  Don't think I was going THAT fast but that's what the ticket said.  Really thought I was gonna go to jail.  I happen to know a few cops and asked them what to do and they told me to plead No Lo.  I didn't call a lawyer or anything like that.  I got outta there with nothing on my record and just had to pay the fine.  BUT that was many years ago.  If I were you I would atleast consult a lawyer and see what he recommends because times are different now.  If you don't get pulled over or get many tickets I would say use the No Lo.


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## biggdogg (Jun 12, 2014)

The Longhunter said:


> Most courts have a rule that if you are 20 MPH or more over the limit, you have to make an appearance.
> 
> 35 MPH indicates residential or built up zone.  Court probably has its own rules about enhanced fines.



^^^This.

A big factor will be whether it was in the city limits or not. For 35 over, I would take the Vasoline with me though.


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## crackerdave (Jun 12, 2014)

I hope you get jail time and a big fine.Seriously.


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## watermedic (Jun 12, 2014)

You may be able to contact the solicitor and work it out with him/her. They usually have the ability to help you out.


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## watermedic (Jun 12, 2014)

crackerdave said:


> I hope you get jail time and a big fine.Seriously.



Not very nice are you?


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## mikey1297 (Jun 12, 2014)

SPED said:


> OCGA 40-14-5 may help if you want to fight it.  I used it in a motion to suppress and won my case. By the way I was 63 in a 35 and it was right at 500.00



Yeah that's probably not going to work for a GSP. How did you act towards the officer? What speed did he check you at? Do you have any other tickets on your record for the past 24 months?


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## crackerdave (Jun 12, 2014)

watermedic said:


> Not very nice are you?



Not when someone is going 70in a 35...no, I'm not.If it had been in my neighborhood, even less so.


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## Gadestroyer74 (Jun 12, 2014)

crackerdave said:


> Not when someone is going 70in a 35...no, I'm not.If it had been in my neighborhood, even less so.



Glad to know your perfect !


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## crackerdave (Jun 13, 2014)

Gadestroyer74 said:


> Glad to know your perfect !



Who said I was perfect? You don't know me if you think I'm claiming to be perfect.


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## Gadestroyer74 (Jun 13, 2014)

People make mistakes I have made many. I don't see it fit for someone to goto jail for a speeding ticket. Everyone has an opinion like yours. This is the on topic I don't see your comment helpful to the original poster.


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## StriperrHunterr (Jun 13, 2014)

Gadestroyer74 said:


> People make mistakes I have made many. I don't see it fit for someone to goto jail for a speeding ticket. Everyone has an opinion like yours. This is the on topic I don't see your comment helpful to the original poster.



That kind of speed isn't a mistake. 40 or 45 in a 35, sure, but 70 looks nothing like 35 behind the wheel. 

Still, I hope you've, OP, learned your lesson from it, and hope the situation works out.


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## crackerdave (Jun 13, 2014)

StripeRR HunteRR said:


> That kind of speed isn't a mistake. 40 or 45 in a 35, sure, but 70 looks nothing like 35 behind the wheel.
> 
> Still, I hope you've, OP, learned your lesson from it, and hope the situation works out.



I agree, and apologize to the o.p. for my knee jerk reaction.


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## Mr7mag (Jul 11, 2014)

*Result.*

Court date was yesterday. 
I had taken a defensive driving course last week, before my court date. 
Talked with solicitor, reduced to a lower speed (3 point violation) then my DD class and a No Lo plea. 
Walked out with zero points and a very reasonable fine. 
And... to all the people that offered negative comments. I hope that you live forever.


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## StriperrHunterr (Jul 11, 2014)

Mr7mag said:


> Court date was yesterday.
> I had taken a defensive driving course last week, before my court date.
> Talked with solicitor, reduced to a lower speed (3 point violation) then my DD class and a No Lo plea.
> Walked out with zero points and a very reasonable fine.
> And... to all the people that offered negative comments. I hope that you live forever.



Sounds like it worked out.


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## j_seph (Jul 11, 2014)

hall county deputy replying to message right now stand by


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## j_seph (Jul 11, 2014)

said no super speeder fine, probably be fine+court cost and probably a defensive driving course and neighborhood $600


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## tbrown913 (Jul 12, 2014)

Speeding 40-6-181

35mph+ $587 and jail where I am.  if you were only cited, you got lucky.  I dont know if GSP has any other stipulations.  Your ticket should have the fine listed, that is the max, unless they add court costs to it.  If you havent used your no lo plea, you can enter that.  It means you do not admit guilt or claim innocence, and it is treated like a guilty plea by the court.  You dont have to spend the money on a lawyer unless you really want to.  Just show up early, talk to the trooper if he is there, and the soliciter if the trooper isnt prosecuting his own case.  See what they will do if you offer to plead.  Most will reduce it to at least the next step lower and that fine, if not a lot further down depending on your driving record. 25-34 mph is a $447 fine.


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## Deer Fanatic (Jul 12, 2014)

tcward said:


> I had a 58 in a 35 by the GSP last year. Paid it online....85.00



i got hit with a 53 in a 35 bout 3 or 4 months ago in Wrightsville--$213.00


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## slip (Jul 12, 2014)

I got busted doing 63 in a 35, it was my first ticket and after he put his gun away (Careful what 2A sticker you put on your truck.) I was really polite and he bumped it down to 55. Paid my $150 fine and learned a lesson.

Glad they went easy on ya.


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## T-N-T (Jul 13, 2014)

slip said:


> I got busted doing 63 in a 35, it was my first ticket and after he put his gun away (Careful what 2A sticker you put on your truck.) I was really polite and he bumped it down to 55. Paid my $150 fine and learned a lesson.
> 
> Glad they went easy on ya.



A sticker is reason to draw a gun on you?  I think not.  That is ridiculous.

Glad the OP had a decent experience with this ticket.  All they care about is you paid MONEY for the DD class.  Generate revenue in one way or another.  That is ALL that matters.  I do mean ALL.


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## GoldDot40 (Jul 13, 2014)

Mr7mag said:


> Court date was yesterday.
> I had taken a defensive driving course last week, before my court date.
> Talked with solicitor, reduced to a lower speed (3 point violation) then my DD class and a No Lo plea.
> Walked out with zero points and a very reasonable fine.
> And... to all the people that offered negative comments. I hope that you live forever.



Here's the problem with your NOLO plea. While it kept the points off your license, the actual offense sticks. Most insurance companies look at offenses and not points. Too late now, everything is carved into stone at this point. I was in traffic court enough in my younger days to know that NOLO is a waste of breath for a speeding ticket. I'd check with your insurance carrier to see what guidelines they use to determine rates.


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## Big7 (Jul 14, 2014)

This is going to sound like a joke but since we are
NOT allowed to "play" on this thread, I'll just tell you
this: Find out what the fine is, get eerrr a jar and _PAY IT_
without going to court.

Chalk it up to a loss. can't buck the po po UNLESS you have a whole 
bunch of ppl willing to testify that you DID NOT do it.

Unfortunately, you are at the mercy (ain't none, they need the money) of
 a gooberment speedocop and a judge.

YOU WILL LOSE!

Hate to pop the bubble.. That's just the way it is.

PAY. WALK AWAY.


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## Mr7mag (Jul 17, 2014)

*Final Result*

Court date was July 10th. 
I had taken a defensive driving course last week, before my court date. 
Talked with solicitor, reduced to a lower speed (3 point violation) then my DD class and a No Lo plea. 
Walked out with zero points and a very reasonable fine. 

My work requires zero points to drive company vehicles, so the No-Lo plea was necessary. 
Also, my insurance company said they do not randomly check MVR for any citations/ points etc. So as long as I dont have any accidents that would trigger them to do a MVR on me, my insurance will not increase. And I'm sure it sounds odd to obtain that information from an insurance company. I know my insurance person very very well. 

So I walked away with zero points and a reasonable fine. 
No "super speeder" or suspension. 
And was one of the first people called, so I was out of there in 45 minutes. 

Again, I appreciate all the informed people that offered answers to my questions. Thank you.


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## Chum (Jul 17, 2014)

Almost the exact same thing happened to me a few years ago (about 10 now).  I was cruising at 55 or so mph getting ready to go fishing with a buddy when I crossed into a 35 mph construction zone during a holiday weekend.  I didn't agree with the ticket being I was one of the only cars on the road (no construction) and the officer pulled me over a few miles later on a completely different road.  It didn't matter, the judge called me up to the stand first to make an example out of me in front of the rest of the packed court house.  I was ordered to pay the full $285 fine and had to attend the Defensive Driving course.  He did say, though, that upon completing the defensive driving course (another $100) the points wouldn't be reported to my insurance company, so I guess it could have been worse.  Sure did learn my lesson!



Mr7mag said:


> Court date was July 10th.
> I had taken a defensive driving course last week, before my court date.
> Talked with solicitor, reduced to a lower speed (3 point violation) then my DD class and a No Lo plea.
> Walked out with zero points and a very reasonable fine.
> ...


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