If I received a speeding ticket for going 109 in a 70 mph zone, what can I expect?

UPDATED: Oct 1, 2022

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If I received a speeding ticket for going 109 in a 70 mph zone, what can I expect?

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day I was traveling home from from out of state. I passed through Georgia, on the way passing through I was pulled over told I was going 109 in a 70 mph zone given a yellow ticket; it was not a construction zone. At the base of the ticket it says

Asked on October 13, 2018 under General Practice, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, usually--at least in NJ, where I practice--the radar is properly tested and maintained, and the officer is properly trained: while traffic offenses are not the main part of my practice, I do appear in court for them 6 - 12 times per year and have never once seen a defendant win because the radar/laser is not properly maintained or calibrated or the officer untrained. In my experience, the state always produces certificates and evidence of propert maintenance, training, etc. I would NOT bet on winning this way.
Second, going downhill with cruise control is not a defense: you are required to maintain control of your speed (not give control to the cruise control; you have to override it when it's not holding your speed) going uphill, downhill, level, on curves, straight, etc. You can't use these factors as a legal defense to speeding.
Third, in my experience, courts generally credit or believe the trained, sworn and neutral (no personal stake in the outcome) officer over a driver plainly trying to avoid a traffic ticket.
In short, you are unlikely to win the case; your best outcome may be a negotiated plea, if you don't choose to pay.
If clocked at 39 mph over speed limit, you could get 6 points on your license. You could also be fined (including court costs) between $300 and $500. (Estimate: local courts are notoriously variable in fines and cost.) If you talk to the prosecutor at court, he *might* let you plead to one degree of speeding less: 4 points, and maybe $225 - $350 in fines and costs; but it is not guaranteed that he'll give you that reduction.
If you are given, as it appears to be the case (call the court to confirm) the chance to pay $1,500 with no points, you need to decide if paying $1,500 for no points is worth it to avoid having to take time out to travel to court in a different state (so losing income or using up a vacation day, if you are employed) to the contest the matter and still having to pay anywhere from the mid-$200s to $500 or so and get 4 - 6 points on your license.

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