I'm an of state driver accused of 89 on a 70 on i-75 NB near Vienna, GA. I think I want a trial by jury but not sure if I can.

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ST sitting on an overpass to the right of the road said he clocked me with a laser doing 89 on a 70. I had cruise control set for not nearly that high but apparently because it's 15 over I'm going to get hit with a Super Speeder fine of $200 extra after I deal with this ticket. I've done a lot of research and the officer was using a laser from a hand held position from a long distance (more than a half mile) and lost line of sight on my car twice in medium traffic. Research says do a jury trial but the folks in this very rural county aren't giving me much info. I found that in 2003 all speeding violations had the right for a jury trial but it says on the county website All defendants must sign a waiver of a jury trial. Can I request a jury and is it a good idea?

Attorney Answers

5
Benjamin David GoldbergCriminal Defense AttorneyMarietta, GA ·
Yes, you have a right to a jury trial. The super speeder comes into play because you were going more than 85 miles an hour. The lawyer should be able to help you get this reduced to a speed that would not affect your license and that won't cost so much. Hire a lawyer in that area.
0 upvotes
Musa Ghanayem ·
If you can't afford a retained attorney, perhaps you qualify for a public defender. Taking a speeding case to trial is a tough task.
0 upvotes
Jill Polster ·
Trial on a ticket is a losing proposition. Listen to my colleagues who have said to hire a local attorney and let them negotiate a reasonable outcome for you.
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James Yeargan ·
You do have a right to a jury trial, but the court your ticket is in may not have jury trials. If you request a jury trial they may transfer the case to state court for trial by jury. You're facing a Super Speeder fine because you were doing more than 85 mph on a 4 lane road. You have the right to a jury trial because speeding is a misdemeanor in Georgia. This means if you lose at trial the judge has the power to sentence you up to a $1,000 fine and up to 12 months in jail. It is very difficult to beat a speeding case without a legal argument. Arguments like I wasn't going that fast, my cruise control was set to a lower speed, or the officer got the wrong car don't work. I recommend asking the prosecutor to reduce your charge to a non-reporting violation like a county or city ordinance violation so the ticket won't report to you home state, go on your driving history, affect your insurance rates, or trigger the Super Speeder penalty.
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