Jaywalking Arrest

[hillaryres]

My question involves a traffic ticket from the state of: Georgia

My son was arrested for walking on a roadway. He was handcuffed and searched and brought to jail and arraigned. He was there for about 10 or more hours.
Now he has a court date but it turns out he can just plead guilty and pay his fine on line?
If he does that does it mean he has a criminal record? Will this turn up in a job search and does it even matter?
B

[EWYLTJ]

Your son was arrested for 10 hours for Jaywalking??? I think there has to be more to the story than just that. If not, you should find yourself a good civil attorney to prepare your lawsuit.

[BOR]

My question involves a traffic ticket from the state of: Georgia

My son was arrested for walking on a roadway. He was handcuffed and searched and brought to jail and arraigned. He was there for about 10 or more hours.
Now he has a court date but it turns out he can just plead guilty and pay his fine on line?
If he does that does it mean he has a criminal record? Will this turn up in a job search and does it even matter?
B

While GA law permits such arrest:


TITLE 17. CRIMINAL PROCEDURE
CHAPTER 4. ARREST OF PERSONS
ARTICLE 2. ARREST BY LAW ENFORCEMENT OFFICERS GENERALLY

O.C.G.A. § 17-4-20 (2008)

§ 17-4-20. Authorization of arrests with and without warrants generally; use of deadly force; adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions; authority of nuclear power facility security officer


(a) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in such officer's presence or within such officer's immediate knowledge;......

If he can pay the fine online, this is = to "waiving" it and paying it by mail. I would equate it to a very small crime, classification unknown, as say a minor traffic ticket.

Such do not generally constitute a record or is applicable to be outlined in a job application, as they generally ask for felonies/misdmeanors "other than" minor traffic offenses.

[EWYLTJ]

The arrest powers you quote above are for "crimes" as in "criminal offenses". Some states (i.e. California) treat traffic type offenses as criminal. However, some treat them as a civil offense, which would not make a violator subject to arrest.

I'm not sure how GA treats jaywalking. Maybe a smart GA person can tell us.

[BOR]

The arrest powers you quote above are for "crimes" as in "criminal offenses". Some states (i.e. California) treat traffic type offenses as criminal. However, some treat them as a civil offense, which would not make a violator subject to arrest.

I'm not sure how GA treats jaywalking. Maybe a smart GA person can tell us.

Let's assume arguendo, you are correct and GA law does not define such as criminal.

I am of a mind to declare that jaywalking is usually a municipal oridinance, not state law, so even if such is not defined as arrestable under GA law, it may be in that municipality under it's home rule authority.

However, as we see in the original post:

"My son was arrested for walking on a roadway":

Jaywalking may be there term.


Until they post the exact statute # violation/city or state, I will reserve comment.

If he was walking in a traffic lane etc., and NOT along the curb??

To arrest for a non arrestable violation seems, well, way out??

[hillaryres]

I called it jay walking. He was actually walking along the street and not on the sidewalk.
there is an ordinance, and it is state law. If there is a sidewalk, you cannot walk in the street.
At any rate, my question is about the record. They fingerprinted him! I am concerned that in the next 60 years, if he is ever fingerprinted for anything, such as a professional license, that his prints will match with a criminal record.

And no, there is nothing more to it. The citation says walking in the street.

B

[cdwjava]

What was the code section for which he was arrested?

Has anyone explained why he was arrested and held for 10 hours ont he offense? Was it a question of identity? Was he intoxicated?

I suspect there was more than merely a traffic offense in play here unless it is common place in your town to book for every minor traffic related violation.

- Carl

[aaron]

These appear to be the relevant statutes:

(a) Where a sidewalk is provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(b) Where a sidewalk is not provided but a shoulder is available, any pedestrian walking along and upon a highway shall walk only on the shoulder, as far as practicable from the edge of the roadway.

(c) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of the roadway, and, if on a two-lane roadway, shall walk only on the left side of the roadway.

(d) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway.

(e) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given.

(f) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.

(a) It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.

* * *

[EWYLTJ]

You aren't answering the very relevant questions the Carl has asked.

[hillaryres]

Ok
sorry I was away
the statute is 40-6-96 Pedestrians wakjubg ib ir akibg roadway

that is the long and short of it. He can pay a fine online and it is over except they have his prints and picture and they go into a national registry.

they also gave him a shot, which in NY is an assault.

so if you want to help stop arguing and take my word.
I am an attorney in NY