Posted by Jim Yeargan in Jim's Blog on April 27, 2018
Many motor vehicle drivers in Georgia have at least once traveled faster than the speed limit. Unfortunately, one time is all that it takes for a motor vehicle driver to go past the speed limit. In many circumstances, motor vehicle drivers have reason to believe that their speeding ticket was improperly issued and that they can fight against the ticket.
A motor vehicle driver looking to fight a speeding ticket should understand what the classification of the ticket is as well as the specific offense for which the driver is being charged. The assistance of a skilled attorney like the those on the legal team at Yeargan , Barber & Kert is essential in making sure that one’s case resolves in the best possible manner.
Different Types of Speeding Cases
There are actually three different types of speeding cases in the state of Georgia, which include the following:
- Absolute Speed Limit: Many states have an absolute speed limit law with the exact speed limit posted on road signs. Absolute speed limit violations are particularly hard to defend, with only a few available defenses including attacking the credibility of the method used to determine the driver’s speed, claiming that an emergency caused one to speed, or convincing the judge that the law enforcement officer mistook the individual’s car for another.
- Presumed Speed Limit: Motor vehicle drivers can be charged with violating a “presumed” speed limit, which means that the motorist has been accused of driving unsafely based on the traffic conditions. There are two defenses that motorists can use in these types of situations: Motorists can claim that they did not violate the posted speed limit or can argue that they were still driving safely even though they exceeded the speed limit.
- Basic Speed Limit: Motor vehicle drivers should be aware of the basic speed limit, which states that an individual should never drive unsafely for current conditions regardless of the posted speed limit. In cases of basic speed limit violations, the burden of proof is on law enforcement to show that a motor vehicle driver was not driving safely under the current conditions.
Retain the Services of an Experienced Atlanta Speeding Ticket Lawyer
There are several reasons why individuals in Georgia decide to defend against a speeding ticket. One reason is that the accumulation of a certain amount of points can result in an individual’s driver’s license being suspended or revoked. Another reason is that auto insurance rates can increase significantly after an individual receives a speeding ticket. A third reason is that individuals might desire to avoid paying an expensive fine for a speeding ticket.
No matter your reason for wanting to fight a speeding ticket, if you or a loved one needs help determining how to defend against a speeding ticket, consider retaining the services of a skilled speeding ticket lawyer like the legal counsel at Yeargan , Barber & Kert LLC. Our legal team has significant experience advising others on how best to create a strong legal strategy in order to defend against a speeding ticket.