Many people are under the misguided notion that they have a right to a “Quick and Speedy Trial” in Georgia. They base such a misguided notion on the constitutional guarantee of such. These people could NOT be more wrong. On this page we will dispel the myths of the constitutionally guaranteed right to a quick and speedy trial in Georgia, and further explain in detail what your rights actually are.

Many people wrongly believe they have a right to a quick and speedy trial in Georgia in regards to their traffic cases. This is completely wrong. Many sites on the internet selling bogus and rip-off speeding ticket defense information even state you must be tried within 45 days or your case must be dismissed by the courts. They further tell you to say nothing then motion for the judge to dismiss your case. In Georgia almost all traffic ticket cases go way past 45 days. This should be your first clue this is false information.

First let us explain how it works in another state. In California, they use what is known as a “rocket docket”. What this basically means is that if you are arrested and are being held in confinement BEHIND bars, the state must bring your case to trial within 30 days. If you are NOT being held behind bars, the state must bring your case to trial within 45 days, or your case must be dismissed. Again, this is California and there may be other states that utilize a similar rocket docket. Of course a rocket docket satisfies all US Constitutional requirements for a quick and speedy trial.

However, this is the Georgia $peedingTICKETKILLER, and our information is specific to the laws of the state of Georgia ONLY! There is NO rocket docket in the state of Georgia. Let us repeat, there is NO rocket docket in the state of Georgia and therefore there are no similar 45 day time limits to have your trial. This is where misleading information from other websites can haunt you or make you look stupid in kourt.

In Georgia, (in regards to your minor traffic case ONLY) you have the following 3 rights to a quick and speedy trial, (when or even if these rights apply).

In Georgia, all misdemeanor cases have a 2 year statute of limitations. The state MUST bring you to trial within a 2 year time frame, or the case must be dismissed. What do you think the chances are that your case will go 2 years without going to trial? Though I am sure it has happened, your chances of this are so small it doesn’t even factor into a mathematical equation. They want their MONEY! Don’t count on this happening. If it does, then count your ble$$ing$.

Your right to a quick and speedy trial under the US and Georgia Constitutions. Though it is true that our state and federal constitutions provide for a quick and speedy trial, neither constitution stipulates any “specific” time frame that the state must adhere to. And that is the fly in the ointment. Therefore past opinions of our high courts (case laws) spell out what violates a person’s quick and speedy trial rights under these constitutional guarantees. In a landmark US Supreme Court decision (Barker v. Wingo) our US Supreme court outlined what guidelines the state and YOU must both adhere to in order to exercise these rights. The most important part to a challenge to your quick and speedy trial rights under the Federal constitution is your “assertion” of these rights.

Unless you assert in writing your demand for these rights, there are NO RIGHTS under either the US or Georgia constitutions to a quick and speedy trial. Barker v. Wingo further defines the 4 important factors that must weigh in your favor.

So unless you ever assert your rights in the first place, (in writing) and unless you can prove the state delayed to gain a tactical advantage, and you were hurt by this delay, the state could delay up to the edge of the 2 year statute of limitations and your rights under the Georgia and Federal constitutions have NOT been violated. In doing my research I have found numerous speeding ticket cases that went many months and the Georgia Court of Appeals later declared the defendants constitutional rights under the Georgia and Federal constitutions had not be violated. The KEY here also is ones assertion of such a right, and until you assert such a right, the clock never even starts ticking on the state. Silence is NOT golden on your part when it comes to your constitutional rights to a quick and speedy trial.

Do NOT expect to gain much advantage from what you may perceive to be constitutionally guaranteed right to a quick and speedy trial. This right, for all intents and purposes do not exist in minor traffic cases.

Georgia law under Georgia code statute 17-7-170 provides for a guaranteed right to a quick and speedy trial within specified terms of a court. However, this law ONLY, and let us repeat, ONLY applies to courts in Georgia that have power to impanel, or seat a jury.

Since all Probate, Municipal, and Recorders courts in Georgia are prohibited by law to hold jury trials in criminal cases, (yes a probate court can hold a jury trial in a civil case, but not a criminal case) this statute does NOT apply to traffic cases that are to be tried in a Probate, Municipal, or a Recorders court.

This Georgia law only applies to Courts of Record, or a court that can impanel a jury. These courts are your State, Superior and Constitutional City courts. It is true that a Juvenile court is a court of record, but since the Georgia $peedingTICKETKILLER is not for use by drivers under the age of 21, we do not include Juvenile courts in this discussion.

Therefore unless your case is to be heard in a State, Superior, or Constitutional City court, this law does NOT even apply to you.

What are your chances that your case will be held in one of these 3 types of courts? Not much as of this writing only 1/3 of Georgia’s counties has a state court. And even if they do, you must be arrested outside a city limits before your case could be heard in the state court, or otherwise the city has the power to try your case. Unless of course you demand the Municipal Court, or the Probate Court or the Recorders court to afford you a jury trial. Then your case would be sent (bound) over to either the state court, if that county has one, or the Superior court, which every county does have. Then your rights under this Georgia Code statute would apply

So unless you demand a jury trial from either a Municipal, Probate, or Recorders court, or are ticketed outside a city limits in a county with a state court, most likely your case will NOT be heard in a court that has the power to impanel a jury.

About 90% of all speeding ticket cases are heard in a Probate, Municipal, or a Recorders court and option #3 would NOT even apply.

Let’s assume you were ticketed in Cobb County OUTSIDE a city limits. Your case would then be heard in Cobb State Court. Cobb State court is a court that has power to impanel juries. This would be a case that would allow you to utilize option # 3.

Let’s assume you were ticketed in Paulding County OUTSIDE a city limits. Since Paulding County has no state court, your case would be heard in the Probate court and option # 3 would NOT apply. You would have to demand a jury trial and have your case sent over to the Paulding Superior Court to be able to utilize option #3.

Here is the fly in the ointment. Even if you are to be tried in a court that has the power to impanel juries, YOU are pertinently required to follow very strict and specific requirements as outlined by Georgia law to demand this right. It is both a complicated and an anal retentive procedure that we of course demystify for you on our CD.

We provide fill in the blank forms and specific instructions as to how to go about filing for such a demand. It is quite involved, so we have done all the work for you.

In the Georgia $peedingTICKETKILLER system, we never recommend jury trials for specific reasons. It takes away the element of surprise, the ambush. As such we have never seen much advantage to be gain from speedy trial demands, except under specific tactical circumstances.

Of course all of the above is explained in detail in the Speedy Trial Rights FILEFOLDER on the Georgia $peedingTICKETKILLER CD.

As you may now be shocked to learn, there are really not much speedy trial rights in Georgia in minor misdemeanor traffic ticket cases, and this is why we call what most other websites are selling as useless information.

There is one specific circumstance when a person can demand a speedy trial under Georgia law, and still not have to have a jury trial. This can be used as a tactical advantage and this little known loophole backed up by current case law is disclosed on our CD. We always recommend using every element of the legal system to your advantage, to win. I can assure you that the other side is going to do the same.

The following is a sample of “bogus” information being sold on another speeding ticket defense site. This is one of the 50 state sites that sell generic information to anyone whether you are from Georgia or Minnesota or any of the other 48 states. This information sold to an unknowing Georgia purchaser would be believed, but is completely WRONG.

Right to a Speedy Trial

This gives the state a certain amount of time to try your case in court. If that time expires, the state may not be able to carry through with the trial. The term for this time is called the Statute of Limitations. This time varies from state to state.

If you can prove that the state has exceeded the Statute of Limitations, you should have your case dismissed.

Normally, this time is no more than 45 days from your arraignment date. It’s a good idea to keep a close eye on this date. Many times the court clerk will make an error in scheduling your court date and may give you a date that falls outside the mandatory 45 days they have to try your case. If you do notice that the date is more than 45 days from your arraignment, say absolutely nothing about it. If you mention it to the courts, they have the right to change your trial date.

What I suggest you do is keep quiet about it until your trial. When your case is called, motion to the judge to have your case dismissed since your right to a speedy trial has been violated.

Motion For Dismissal: Your Honor, my right to a speedy trial has been violated in that the trial date has been scheduled past the Statute of Limitations of 45 days. I motion for a dismissal.

Wouldn’t following the above information make you feel completely stupid when the Georgia traffic kourt judge simply laughs at you or simply denies your motion and you stand there wondering why he did that? This is why 50 state defense systems simply don’t work. For further information on this see our Winning Strategy and other Garbage page.

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