Source
r/legaladvice•
thisguydan

35mph in a school zone at 2:13, first ticket in 10+ years, best course?

On this day, I was passing through a small town and simply didn't have my mind on it this time as my elderly father had been hospitalized which is where I was headed.

The officer clocked me at 10 over the limit, 35 in a 25, on radar at 2:13. Driving conditions were clear and sunny. I'm not sure what time school zones start in Ga, I'm assuming 2:00. He wrote traffic was medium, though there were no other cars around, no buses, no traffic so I just didn't see nor think about the school zone at this time of day and with the roads empty. That was my mistake. There are only two or three regular officers in this town and the one that stopped me was the chief of this department.

The ticket is for $250.

Given my clean record and the info provided, should I show up in court or just save my time, stress, and pay the fine? If I go to court, what should I do? I don't contest the speed as I can only assume the officer is correct.

I've never been to court or had any run ins with the law, so any advice is appreciated.

Posted Jan 14, 2019, 3:46 PM UTC · edited

08
blindmind87•

He got you. Pay the fine.

8
reddituser1211•

should I show up in court or just save my time, stress, and pay the fine?

You might talk to an attorney local to this jurisdiction about the matter. Some speed trap towns plea, while others mostly don't. An attorney familiar with the jurisdiction may be able to tell you what the odds are of you, seemingly without a legal defense, achieving a better outcome than whatever is printed on the ticket.

4
Aghast_Cornichon•

In general, school zones are marked with extra signage and flashing lights when the zone is active. These are meant to remind drivers who might be otherwise preoccupied with [irrelevant personal factors].

It sounds like you were issued a normal speeding citation for 35 in a 25 zone, on the theory that he posted limit changes from 35 to 25 during posted or indicated hours, regardless of the presence of students or buses.

But you weren't cited with speeding in a school zone, which is actually a separate misdemeanor.

Check the citation carefully. If it's solely for speeding (and because it's less than 15 over, no license points) then just pay it. You were inattentive in a town that runs a speed trap, and there's no effective way to fight that.

​

I have a citation for going 26 in a 25 MPH zone in such a town, on the 6-lane main thoroughfare. I paid.

3
House-of-dad•

Not sure of the traffic laws exactly where you reside but, I do believe paying the ticket without contesting it in court will force them to report that mark on your license as well as informing your insurance provider. The easiest route is to pay the fine in court and let them erase it completely from your record, which they should do given that you don’t get frequent tickets.

1
stoffel_bristov•

Make sure school was actually in session that day. If so, pay the fine and chalk it up to just having to pay a little more in taxes.

1
[deleted]•

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1
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1
skinnysanta2•

IN NJ the law is 25 mph in school zones. This is ONLY during recess and when school is opening and closing. There was a court case that determined that is what the legislature intended when the 25 mph limit in school zones was passed. In Georgia it might mean something else. That said, a prosecutor's job in court is to insure an income stream for the municipality. You might be able to approach the prosecutor and negotiate a deal to plead to a non-moving violation which might keep your insurance from rising.

1