Revenue vs. Safety, or, 285 Sucks

November 29, 2006 11:47 AM

Atlanta, GA... Anyone ever been stopped for speeding on 285? If so, you know the average speed is well above the posted 55. Any suggestions for a first time offender (in GA) who was pulled over in medium traffic on a clear day, going 79 (like everyone else) in a 55? Waaaah!!

I know there have been mulitple speeding ticket questions asked but none seem to be specific to Atlanta and our courts... I was pulled over in DeKalb county @ Ashford Dunwoody on 285. I have not had a speeding ticket in 5+ years. Would like to know what to say to the judge to reduce the fine or to get it taken off the record...I've heard "plead no contest" but am not sure what will happen...
Thanks for the help...

posted by priested to law & government (18 comments total)

Usually, if you show up to challenge the ticket they just give you the chance to pay the ticket but not have it show up on your record.

I imagine that would apply here. Also, you might try asking for driving school if you have a clean driving record.

And yeah, it seems unfair, but by pulling you over and ticketing you they're attempting to enforce a speed limit that you're admitting is routinely ignored. I've lived in Atlanta before and I understand your frustration, but there's not a lot you can do about it.
posted by bshort at 11:57 AM on November 29, 2006

I've heard of situations wherein the cops have to come to the hearing if you dispute the ticket, and if they don't show up (and usually they don't), it'll get dismissed. But, I am in Canada so things are obviously different here, and I'm not sure if it applies to speeding anyway.

I think I would've said that I felt it was safer to travel with traffic, and that you felt it would be unsafe to stay at the limit with the way traffic was going around you. I think it's reasonable to assume that you are more of a hazard going much slower than the rest of traffic than you are going a bit faster to keep up.

That said, 40km/hr is like a pretty big disparity and thus this might be one you just gotta take.
posted by loiseau at 12:09 PM on November 29, 2006

Wow, I've driven that road and never seen anyone doing the speed limit - would almost seem dangerous to drive 55. Don't say that in court though!

Idea 1: Try to postpone the court date - as many times as you can - in hopes the officer won't show and it gets dismissed. Low percentage of success.

Idea 2: I went with "I'm prepared to make a plea of no contest, but I'd like to make a statement in mitigation" - then I said something about having a clean record, apologizing for speeding/didn't realize I was going so fast, etc... You could get PBJ, or the judge might knock it down to a non-moving violation. At 24 mph over the limit, you're lucky he didn't give you reckless driving, so PBJ is probably your best hope.

Good luck - I know how much this sucks.

(Oh, IAAL, but not admitted in GA.)
posted by KAS at 12:13 PM on November 29, 2006 [1 favorite has favorites]

I live in Atlanta, have had several friends in this situation. Certain DeKalb judges are apparently notorious for increasing your fine if you contest it. I wouldn't do it. Plus your officer will show up. Don't doubt that. They tend to schedule all their court appointments on the same day.

For the record, the general rule of thumb is that you won't get pulled over unless you are pushing 80, which you admitedly where, I stick around 70 and have never felt unsafe nor gotten pulled over.
posted by stormygrey at 12:34 PM on November 29, 2006

It might be worth arguing that you were doing to be safe. You weren't going faster than the rest of the traffic. Going more than 20MPH slower than the everyone else on the road would be totally unsafe.
posted by cmiller at 12:43 PM on November 29, 2006

Don't contest it!

Face it - you were breaking the law... just because the law is laughably stoopid in this case doesn't make it okay. The cop knows this, the judge knows it too - by contesting it you're showing contempt for the letter of the law to people who make their livelihood enforcing it. Just what exactly would you try to argue, "I haven't had a speeding ticket in five years, so I'm exempt from all speeding limits at all times?"

You're only chance is to show up and hope for a reduced fine and/or no ping on your insurance.

Do this: show up early and try to locate and speak with the cop who wrote your ticket. He won't remember you (unless you were a dick), but explain what happened and mention your driving record. Ask him to help you with the ticket. He very likely may reduce the ticket to just 9mph over which probably carries a lesser fine and may not show up on your insurance.

If you can't talk to the cop, talk to the judge. Explain that you were driving with the "flow of the traffic." Mention your driving record and ask for help with the ticket.

Oh yeah, wear a suit... or at least a tie. It helps.
posted by wfrgms at 1:03 PM on November 29, 2006

I'm live in Atlanta and I've gotten caught the same way...I paid my fine and sucked it up. I try to keep an eagle eye out for cops because it really is a money making scheme. I heard about a short student film titled "A Meditation on the Speed Limit" where several cars get side by side on I-285 and slow to the speed limit...Chaos ensues.
posted by elkelk at 1:07 PM on November 29, 2006

"A Meditation on the Speed Limit"
posted by elkelk at 1:21 PM on November 29, 2006

Re: Meditation on the Speed Limit

When I was a teen in Detroit, a group of U of Mich students did the same thing. Only they publicized it beforehand. They all got ticketed for reckless endangerment or something like that. Nice, eh?
posted by The Deej at 1:46 PM on November 29, 2006

FPP: Pay the ticket. You were, after all, speeding. As someone from out of town who drove through Atlanta last year on vacation, I kept it to about 60 and while the majority of cars went whizzing by, I didn't feel exactly unsafe. So I don't buy the safety argument and the judge probably won't either. If you want to keep your record clean, go to traffic school.

Re: MetSL: I wonder what would happen if several cars did this, but left the far left lane open so people could actually speed by? Clearly the speeders are breaking the law and should be ticketed moreso that those following the limit. It would be a decent argument to get any tickets of the protestors thrown out.

(Or get even more sophisticated and run a "recirculating block" where cars in the left lane are going a little faster than those on the right. Pass, then pull over to the right and slow down and let another protestor pass you....)
posted by Doohickie at 2:15 PM on November 29, 2006

If you are going to fight it, do NOT say "I was keeping up with traffic" to the magistrate/judge. A lawyer friend of mine told me that that is akin to a confession on the stand.
posted by sandra_s at 2:26 PM on November 29, 2006

Are you a Georgia resident? If not, your state may not have reciprocity, which means that you pay the fine and the ticket doesn't go on your record.

This happened to me a few years back when I was a Maryland resident driving down I-95 which is known for speed traps. I got a ticket, paid the fine, and it never appeared on my record. I know that Maryland doesn't recognize tickets in Georgia or some other states. I'm sure other states have similar arrangements.

If you are a Georgia resident, you're out of luck. You can probably ask for driving school if you are a first time offender. You'll still have to pay the fine, but usually the judge will drop the points depending on the judge, jurisdiction, etc. Good luck.
posted by galimatias at 2:28 PM on November 29, 2006

If you were in Sandy Springs, they ADVIRTISED they were going to be hitting that area hard -- it's practically the only reason to read the AJC, being able to find out stuff like that.

87 in a 55, even if it is a stupid 55, is way too fast. I'm not trying to be a jerk, but I drive 285 all the time and 87 is fast on that road. I would be careful trying to make up excuses because you were going nearly 30 over, and whatever you or I or anyone else thinks of your speed, in my experience, 30 over is very frowned upon by Ye Olde Authorities.

As I guess you found out.

Good luck.
posted by Medieval Maven at 2:37 PM on November 29, 2006

For what it's worth, my sister swears that sticking to 14 over will never get you a ticket. And it never has me.

(And yeah, 87 IS fast on that road)
posted by solotoro at 2:50 PM on November 29, 2006

Five years without a ticket doesn't seem like that big an accomplishment. Not sure I'd use it in court as proof of what a good driver I am.
posted by tippiedog at 3:17 PM on November 29, 2006

Sandy Springs cops out there... Hoping to change the world one speeding ticket at a time. UGH! I know I was going fast, but it was 79, not 87...
As a side note I did not mention originally-
I did ask the cop..."Officer, as a gentleman, and with all due respect, do you suggest I show up to court to contest this ticket?" He looked at me slightly cockeyed and cracked a smile (assumed he appreciated my gentleman's request, ha) and said- show up, plead guilty, and the judge will reduce the fine to 10 over." That's looking like my best bet- Mentioning his recommendation seems like the way to go...
posted by priested at 4:28 PM on November 29, 2006

Maybe you can reasonably argue that you were trying to maintain a safe distance from the drivers in front and behind you?

[Semi on topic: my first time driving on 285, I had to go 80 for one of the first times in my life just to keep from getting run off the road. A guy passes me me fairly quickly, which means he must be going over 90, and I notice he's reading the Wall Street Journal, fully opened up and obscuring his steering wheel.]
posted by kimota at 5:46 PM on November 29, 2006

solotoro mentions the magic number 14. In Georgia, there is a state law intended to prevent localities from operating a speed trap. State Police are not affected by the law, but your local sheriff or police department cannot draw more than a certain percentage of their budget from speeding tickets which are for less than a certain threshold over the posted speed limit. (I've heard 40% of the budget, I've heard 10 mph over, 14 mph over, and 17 mph over. IANAL, so I haven't reviewed the actual law, but in most areas in Georgia, sticking to within 14 mph over the limit is considered safe.) 24 mph over the limit is way too much, and IMO, you deserved that ticket and you should buck up and pay the fine.

A couple of cities have recently come under suspicion for violating this standard, including Arcade and Milledgeville, but I'm not aware of any departments which have actually been cited for a violation.
posted by ijoshua at 7:51 PM on November 29, 2006