WHAT IS CASE
Georgia case law is
weapon to use to fight back against the corrupt kourts, the arrogant
judges, and the lying cops in Georgia’s kangaroo
traffic kourts. You MUST learn what case law is, how to
research it, and how to use it against the system. ALL of the
strategies and arguments used in the Georgia
system are based on and backed up with relevant Georgia
What is case law?
Well, it actually is not law at all. It is decisions and rulings
(opinions) from the Georgia Supreme Court and the Georgia Court of
Appeals that guide judges in
courts. Case laws do not appear in the state statutes; however, they
have a serious effect. For speeding tickets and most other moving
violations there is pertinent Georgia case law.
Take the Miranda
warnings for example. You have heard about it, it is your right to
remain silent and have an attorney present. Police officers are
supposed to read you your warning when they arrest you (sorry, not
applicable to speeding ticket stops). How many times have you heard
of evidence being thrown out because someone did not read the
accused his Miranda warning correctly?
Roe v. Wade is another
example. It does not legalize or decriminalize abortion. It is not a
law. It is a ruling by the US Supreme Court that interprets the
in a way that gives women certain rights as to their own body.
Bottom line it makes it almost impossible to convict someone of
murder when performing an abortion. Did you know that laws outlawing
abortion are still on the books in many states? However, the Roe v.
Wade Supreme Court decision (case law) overrules these
Case law, simply put, is
the legal principles established by written opinions of judges in
individual cases. The decisions of Georgia Supreme Court and the
Georgia Court of Appeals are binding on ALL lower courts in
Georgia. This rule is
called STARE DESCISIS. It means that the decisions act like
law in the same way statutes are law.
Georgia statutes are
laws written by the Georgia legislature. They are published in a
book that deals with rules and regulations called the
Official Code of
The law's effect, interpretation, special circumstances and
constitutionality can only be tested when an appealed issue to a
ruling is brought before either the Georgia Supreme Court or
Court of Appeals in a contested case. The ruling these courts then
make becomes case law, which guides the lower courts
system uses applicable case laws where necessary. There are a lot of
them that apply directly to the evidence in a speeding trial. They
guide your trial judge as to the Georgia high court rulings
concerning the admissibility of the evidence against you.
Should the foundation
to the evidence comply with the rulings, then you will be found
guilty. Should the foundation be lacking as to the high court
rulings then the evidence presented can become inadmissible and the
case against you dismissed.
When you present case
law in court you must present a complete and unedited
copy, otherwise it will not be considered. There should be three
copies, one for the judge, one for the prosecutor (if there is one)
and one for yourself. All the current case law that is available and
relevant is included in the
system CD case law archives. The Georgia
system guides you as to which case laws to use where and when.
Case laws do not grow
old, there is no expiration date. However, newer case laws do build
on the findings of older case laws. It is possible that once
relevant case laws can be made ineffective by later rulings. One
should always check for the latest and most current opinion in each
circumstance. We teach you how to do that in How to Conduct
Legal Research in the Addendum
FILEFOLDER on our CD.
The grandfather of all
speeding ticket case laws in
Wiggins v. State.
It is the cornerstone of speeding ticket case law in Georgia
exclusively for RADAR.
There may not always
Georgia case law for every circumstance. For example, Case law is
sparse in Georgia for tickets issued by speedometer PACING. We
include out-of-state material for you to use for research and to
help aid you in developing a defense argument for pacing.
Although a judge in
consider and even apply out-of-state case law, out-of-state case law
is NOT binding on Georgia courts. It is strictly up to the
judge. Therefore unlike all of the generic 50 state speeding ticket
defense sites on the World Wide Web and sold in the book stores,
system uses ONLY Georgia case law to back up our arguments and
trial courts are bound to follow the decisions (case law opinions)
of the Georgia Court of Appeals, and the Georgia Supreme Court.
There is NO wiggle room for them there; they are supposed to do so.
However, that doesn’t mean they will.
Even so, both the Georgia
Court of Appeals and Georgia Supreme Court sometime allow previous
case laws (opinions) to guide and aide them in making decisions.
Alternatively, they may make new rulings effectively rendering older
case law invalid.
system comes with an enormous archive of
Georgia case law
relevant to speeding ticket defense, trials, appeals etc. As you
read these cases, you learn what does and what does NOT work based
on the opinions of the high court judges themselves when they
explain why they affirm or reverse a judgment. This reading of case
laws is KEY to your defense and you cannot win without them! They
are fascinating to read and learn from whether you have a ticket or
By reading case laws,
you will realize the importance of raising an issue at trial. If you
do not raise the issue during trial, it cannot be considered, even
on appeal. Case law is the ABSOLUTE key to winning in a
All of our
Georgia case law was
sourced from a legal research website. There is a Word
doc in the Addendum
on our CD that teaches
you how to research case law. This is a tool you can use for life
on any legal problem, not just speeding tickets. Learning what case
law is and how to research and use it in courts makes case law a
VERY POWERFUL weapon.
Applying Case Law
(using it against them in court) is the KEY to winning in a
court. The trial courts have NO choice but to follow it or
they will lose on appeal.
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