Speeding Ticket, Radar at Bottom of a Hill

[nmd243@hotmail.com]

My question involves a traffic ticket from the state of: Georgia.
Was travelling behind white car with florida plates about 3 or 4 car lengths in the middle lane at about 75 mph for several miles. was watching dark colored car pass me on my right as I crested a hill. Saw a dark shape and man in median parallel to divider, registered in mind as a distressed driver. man leaning against concrete median. car on right zoomed past and was gone by the time the white car and I reached bottom of hill. I had to brake heavily to compensate for white car's jake braking, then in peripheral vision caught glimpse of orange reflective tape of dark car in median. Cop pulled me over. said I was doing 83, told me not to argue about other cars as I was completely alone.

This was just after 8:30p following several storms and full cloud cover. By the time I was released at 8:50p, it was full dark.

Measured hill right at 7%. Photographed cop's location, crest of hill. Drove north bound and southbound for entire length of county. This stretch outside a populated area. Northbound has ZERO speed limit signs until almost a mile after merging into main interstate. Southbound is posted 65 mph through county seat, and not for a mile after loop begins. So, the 65 mph zone I was in only applies to one direction of road with no obvious reasons for the reduced limit.

Before reaching crest of hill, vehicles are laboring uphill. I drove this 4 times since ticket, and I still want to apply pressure to vehicle as I travel up hill. At crest, which is more like a summit or slight plateau, the car tends to speed up because my foot doesn't react quickly enough. Once I begin descending, I am actively adjusting my speed.

Also, the police car can measure speed before the driver can see him because of how he's hidden in the swell. Ticket says speed was measured at 691 feet.

What defenses can I present to judge? This is obviously a speed trap and at 83 mph will not be tracked for ticket revenue abuse purposes. Most of the interstate through this county are hills, the police car was just inside the county line, and I have a strong feeling this speed trap creates abundant revenue. Wouldn't judge know this too and not care much about about anything other than collecting the fine? Asked cop about stays, as I'm deploying in a couple days, he glanced at my orders and said I could pay in person, cashier's check, or with my credit card. and repeated the same thing when I said I wasn't going to pay for somebody else's speeding ticket. My car is red.

[free9man]

How is it obviously a speed trap? Was it a county or local officer? He was located at the crest of the hill? GA has very specific speed trap restrictions and so far you haven't shown any existed here.

A car does not have a jake brake.

[nmd243@hotmail.com]

What do you car downshifting to slow car without a brake? That's what they call it in England.

State trooper.

Being able to hide, to measure speed before being seen, park in a manner that makes the vehicle look ordinary, using a stationary radar at near dark? On a 7% grade? When I was behind a car and next to a guy passing me on my right, but trooper too far to ID any of the cars, and not observant enough to realize there were three vehicles, 2 right at 10 mph over and one at 83 mph? Just tough luck?

In full daylight, you can't tell what color the cars are as they come over the hill and trooper would have clocked the two cars that crested before mine.

What would a speed trap be?

- - - Updated - - -

Engine breaking, I guess the bobbie didn't know to dintinguish between the two either....

[free9man]

State trooper.

Ruh-roh. Georgia's Speed Trap laws don't apply to state troopers so..there goes that.

Being able to hide

Nothing you described has the trooper hiding per se. In other states, it's not even an issue. In GA, it's not an issue for state troopers.

to measure speed before being seen

Not true. They have to be able to see you in order for the beam to hit you. The fact you didn't recognize them doesn't mean you couldn't see them. The one law in GA that sorta addresses this...doesn't apply to state troopers.

park in a manner that makes the vehicle look ordinary

Nothing wrong with that. Do you want them to have to sit there with their blue lights on?

using a stationary radar at near dark?

Nothing wrong with that. Radar works just as well at night.

On a 7% grade?

7% is acceptable in GA. Speed trap laws, which don't apply to state troopers, require a grade of >7%. Incidentally, how did you measure the grade?

When I was behind a car and next to a guy passing me on my right, but trooper too far to ID any of the cars, and not observant enough to realize there were three vehicles, 2 right at 10 mph over and one at 83 mph?

10 over gets you a ticket too.

Just tough luck?

Your day to get the ticket. You admit you were speeding.

In full daylight, you can't tell what color the cars are as they come over the hill and trooper would have clocked the two cars that crested before mine.

Unless you were coming over the hill with the sun directly behind you, it's not impossible to tell the color. 691 feet isn't that far.

What would a speed trap be?

Nothing you've described.

You are free to fight the ticket. You'll need something more convincing than "he clocked the car right in front of me or on my right passing me." I wouldn't mention you were only doing 10 over as that's an admission of guilt to speeding.

[That Guy]

Sorry, I've edited your post to show only the relevant information and this is what was left:

My question involves a traffic ticket from the state of: Georgia.
Was travelling... Cop pulled me over. said I was doing 83...

Ticket says speed was measured at 691 feet.

Asked cop about stays, as I'm deploying in a couple days...

You did mention you were going downhill in the title, but is that northbound or southbound? You described the signage for northbound and southbound directions with no reference as to which is downhill. You really only need to concern your self with whether the limit is posted the direction you were traveling at the time you were cited. So look for a location on the citation and look for speed limit signs prior to that location, in the direction you were travelling.

The 691 feet is an indication that the officer used Lidar to measure your speed and as such, it is the device that has the least potential for error when it comes to excuses like it wasn't my speed it was somebody else's.

You can either pay the ticket, or you can hire an attorney to defend you if you're unable to appear. Although the attorney option will likely be cost prohibitive.

What do you car downshifting to slow car without a brake?

We call it "downshifting"...

Being able to hide, to measure speed before being seen, park in a manner that makes the vehicle look ordinary, using a stationary radar at near dark? On a 7% grade? When I was behind a car and next to a guy passing me on my right, but trooper too far to ID any of the cars, and not observant enough to realize there were three vehicles, 2 right at 10 mph over and one at 83 mph? Just tough luck?

They can hide, there is no requirement that they announce their presence, apparently in GA there is no requirement to have a marked vehicle, officer did not use Radar, he used Lidar and "stationary" is the only way Lidar can be used; and statutory or posted speed limits apply during daylight or at night, uphill, downhill around a curve and on the straightaway. Trooper is not by any description "too far" at 691 feet... And you might be describing a moment in time that precedes the time when the officer measured your speed thereby making it irrelevant. Call it what you will but the citation has been written, you have to deal with it and nothing you mentioned here will mitigate it any.

[QUOTE=nmd243@hotmail.com;638143]In full daylight, you can't tell what color the cars are as they come over the hill /QUOTE]

Say what? If you're color blind?

That's what they call it in England.

"They"??? Not "we"? Meaning you're not English?

Engine breaking, I guess the bobbie didn't know to dintinguish between the two either....

The bobbie got you fair and square.

Pay the ticket... And quit the act!

[free9man]

They can hide, there is no requirement that they announce their presence, apparently in GA there is no requirement to have a marked vehicle, officer did not use Radar, he used Lidar and "stationary" is the only way Lidar can be used;

Well technically the Speed Trap laws require the officer's vehicle be visible for 500ft, don't know the case law as to whether that means "visible as a law enforcement officer" or just "visible as a car." Even then, the ST laws specifically exempt the State Patrol.Most of the troopers in GA, if they have one of the new Chargers, have a low-profile paint job. They are still marked, just not easily identified as such if you aren't looking. Although the base color is pretty unique so if you see that color, it's best to assume it's a trooper. The old Crown Vics are still easily spotted.

[That Guy]

Well technically the Speed Trap laws require the officer's vehicle be visible for 500ft, don't know the case law as to whether that means "visible as a law enforcement officer" or just "visible as a car." Even then, the ST laws specifically exempt the State Patrol.Most of the troopers in GA, if they have one of the new Chargers, have a low-profile paint job. They are still marked, just not easily identified as such if you aren't looking. Although the base color is pretty unique so if you see that color, it's best to assume it's a trooper. The old Crown Vics are still easily spotted.

Wiggins v. State is one of the cases that sets that requirement but you are correct in that it only applies to municipal and county officers but not state troopers. And Carver v. State (1991) reaffirmed that fact.

Interestingly enough, I have seen quite a few Chargers out this way that are still painted all white (still an "approved color") but are not the standard black and white and since it may take a few seconds to register which is which, you tend to find yourself on the breaks every time you see any car on the side of the road. I usually obliterate them with my Civie-guided missile once I find out it is not an officer. If it is an officer, I usually wave and thank them for the allowance of a few miles.