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WHAT IS CASE LAW? page

 

Georgia case law is your strongest 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 $peedingTICKETKILLER system are based on and backed up with relevant Georgia case law.

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 Georgia’s lower 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 US constitution 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 state’s laws.

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.

Simpler yet, 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 Georgia, or OCGA. 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 in Georgia.

The Georgia $peedingTICKETKILLER 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 Georgia $peedingTICKETKILLER system CD case law archives. The Georgia $peedingTICKETKILLER 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 Georgia is Wiggins v. State.  It is the cornerstone of speeding ticket case law in Georgia exclusively for RADAR.  

There may not always be relevant 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.

*IMPORTANT*

Although a judge in Georgia may 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, the Georgia $peedingTICKETKILLER system uses ONLY Georgia case law to back up our arguments and defense schemes.

The Georgia 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.

The Georgia $peedingTICKETKILLER 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 not.

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 Georgia court.

All of our Georgia case law was sourced from a legal research website. There is a Word doc in the Addendum FILEFOLDER 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 Georgia traffic court. The trial courts have NO choice but to follow it or they will lose on appeal.

 

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