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the Georgia $peedingTICKETKILLER 

OTHER MOVING VIOLATIONS page


The following contains excerpts from the Georgia $peedingTICKETKILLER “Other Moving Violations”
FILE FOLDER.


The Georgia
$peedingTICKETKILLER CD contains an enormous FILE FOLDER with trial tested and court proven defenses for most of the other commonly cited moving violations issued in Georgia.

By using the online dockets of the Atlanta Municipal Court, we were able to data sort over a specific period of time, both the number and type of tickets issued by the City of Atlanta Police Department to determine what violations of Georgia code were issued most frequently. We have included those violations in chapter 34 on our CD.
 

34.    Other Moving Violations File Folder
 

·        Obedience to Traffic Control Devices…….…...OCGA 40-6-20

·        Failure to Maintain Lane…………….………..OCGA 40-6-48

·        Following to Closely..............................................OCGA 40-6-49

·        Failure to Yield Right of Way…….………...OCGA 40-6-71

·        Failure to STOP....................................................OCGA 40-6-72

·        Failure to Yield………………………………….OCGA 40-6-73

·        Improper U Turn…………………………………..OCGA 40-6-121

·        Improper Lane Change…………………….OCGA 40-6-123

·        Failure to Use Correct Signal………...OCGA 40-6-124

·        Impeding Traffic Flow……………………OCGA 40-6-184

·        Reckless Driving…………………………….OCGA 40-6-390

·        Attempting to Elude………………………...OCGA 40-6-395

·        Aggressive Driving………………………………..OCGA 40-6-397
 

This Georgia $peedingTICKETKILLER FILEFOLDER covers “other” moving violations not related to speeding and suggested defense strategies that might be applied. This is NOT an all-inclusive list of all moving violations in the state of Georgia but covers the most commonly cited ones. We will be adding new ones as our proprietary research continues and effective defenses and case laws are found.

Included in each subfolder on our CD is the applicable Georgia code statute for the moving violation listed, as well as the “Suggested Defense Strategy” that can be applied.

All of these moving violations carry three points, unless otherwise noted. You should always obtain a current copy of your MVR to determine your currently assessed points in the last 24-month period if you are not sure.

All other Moving Violations should be challenged. They carry penalty points and will show up on your MVR. This could seriously jeopardize your employment, future employment prospects, and your personal insurance rates as well.

Your best chance of beating one of these tickets often depends on one of the following.

  1. The officer or other required witnesses NOT showing at time of trial.

NOTE: The Georgia $peedingTICKETKILLER system teaches you a method we have developed that you can “legally” use to greatly enhance your chances that the state’s other required witness will not show at the time of your trial. You CANNOT put yourself into a position of winning when you simply pay up, plead guilty, or nolo contendere.

There are several instances where “other required witnesses” BESIDES THE COP will be necessary at the time of your trial in order for the state to convict you. Unless of course you do all their work for them by simply pleading guilty or nolo contendere.

I cannot tell you the number of times I have observed trials in courts where the defendant pleaded guilty or nolo contendere, their case was called, they were asked how they pleaded, the prosecutor asking the court if there were any other witnesses to this case present, and after determining there was NOT, accepted the plea of GUILTY or NOLO. I sit there in utter amazement of it all. Had they just pleaded NOT GUILTY, their case would had to have been dismissed due to lack of “other required witnesses”. We teach you how to greatly improve the odds so that the state’s other required witnesses will not show.

  1. On your ability to show:
     
    • You did not violate every element of the law as written.
       
    • You made a reasonable mistake based on genuinely obscured signal or signs.
       
  2. An attack on the UTC by a Special or General Demurrer. (Using relevant Georgia Case Law, this is our primary defense for attacks on “other moving violation citations.”)

Be sure to visit our Special or General Demurrer section on our web site for an explanation as to how this works.

In defending “other” moving violations, the first thing you need to do is to determine EXACTLY what it is you have been charged with, not what your ticket says in the remarks section, but the exact word of the code section as indicated on your ticket.

The statute will be noted on your ticket with possibly some remarks. If you have been charged with a local ordinance violation instead of a state law, use MUNICODE in the “How to conduct Legal Research” chapter to obtain the exact wording of that local ordinance.

There is little foundation to be proven in moving violations outside of speeding tickets. Once you have found the applicable code section you have been charged with, study it carefully to determine which facts the prosecution will have to prove to convict you.

This is all provided for you in detail in the “Other Moving Violations” FILEFOLDER on our CD.

Many laws are complex. In some cases, it is not uncommon to find that, upon careful reading, that what you did was not, technically speaking, a violation of the exact words of the Georgia code statute. Always ask yourself, what are the elements of the code that I have been charged with committing.

Then take apart the code section bit by bit. You should break the law down into its legal elements, or parts, by drawing a line between each clause.

This type of word-by-word reading of the statutes is the KEY skill all lawyers and judges learn in law school. If you can show that your driving did not violate even one element of that statute, and you can combine that with applicable Georgia case law, your chances of winning are good.

Remember; NEVER EVER admit any type of guilt during your trial. There are NO Georgia code sections that allow violations with excuses.

For example, while observing trials in Austell Municipal court recently I listened to a defendant tell the judge that he ran the STOP sign because his brakes failed. The defendant was found guilty by his own omission of guilt, (he admitted he ran the stop sign but thought the judge would be understanding) and furthermore admitted to a second crime, since Georgia law requires functioning brakes.

He was subsequently found guilty by the words from his own mouth. NEVER EVER admit guilt nor try to justify that guilt by ANY type of an excuse. There are NO Georgia code sections that allow violations of such under normal circumstances. If it was an abnormal circumstance, the officer would not have issued you the ticket in the first place. Excuses simply DO NOT WORK! If you go to court planning to use an excuse, plan to lose.

Once you admit guilt by the words of your own mouth, you just LOST. No matter what your excuse was, once you admit to any type of guilt, not even the Georgia $peeding TICKETKILLER system can help you.

 

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