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  1. #1
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    Dec 2013
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    Post Claiming I Was Avoiding an Accident as a Defense to a Speeding Ticket

    My question involves a traffic ticket from the state of Georgia: I was driving down a 3 lane highway heading northbound. I am in the far right lane doing about 74 mph in the far left lane a red car doing approximately the same speed. I changed lanes from the right lane to the middle lane, the lane change was complete. I look over my left shoulder to see this red car starting to change lanes into me, into the middle lane. I immediately changed lanes back into the right lane to avoid this red car. At this point, I look to my left again and realize this red car is still coming at me, now from the middle lane and he is changing lanes into my lane, the far right side of the highway. I realized at this point his front bumper was at my driver side door and there was a vehicle we were coming up to that was in my lane. My first thought was to hit the breaks and let this vehicle go bye, but when I looked back he was already so close to me, I had no choice but to stomp the accelerator. Once I did this, my sports sedan lurched forward in a rush of speed I have never felt before. I looked to my left as I went pass this vehicle, changed lanes into the middle lane to avoid the car in front of me reached the apex of the hill and a police officer was right there clocking me with his laser gun. I immediately pulled over and explained the situation to him, that I was avoiding an accident and that's why I was just speeding. He gave me a must appear in court ticket and let me go. He said he clocked me at 108 mph, I was doing 74 mph in a 70 before I stomped on my gas pedal. Apparently, this happened in the worst county ever, and I am being charged with reckless driving and a fine of 1,200.00 dollars, 24 hrs in jail and 40 community service hours. I plan on taking this to a jury trial. Have you ever heard of anyone getting out of this particular situation by doing a jury trial before? Can anyone please advise, my understanding is that if I take it to a jury trial and loose, I could suffer more jail time and community service time.

  2. #2
    Join Date
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    Default Re: Claiming I Was Avoiding an Accident as a Defense to a Speeding Ticket

    Quote Quoting akassees
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    My question involves a traffic ticket from the state of Georgia: I was driving down a 3 lane highway heading northbound. I am in the far right lane doing about 74 mph in the far left lane a red car doing approximately the same speed. I changed lanes from the right lane to the middle lane, the lane change was complete. I look over my left shoulder to see this red car starting to change lanes into me, into the middle lane. I immediately changed lanes back into the right lane to avoid this red car. At this point, I look to my left again and realize this red car is still coming at me, now from the middle lane and he is changing lanes into my lane, the far right side of the highway. I realized at this point his front bumper was at my driver side door and there was a vehicle we were coming up to that was in my lane. My first thought was to hit the breaks and let this vehicle go bye, but when I looked back he was already so close to me, I had no choice but to stomp the accelerator. Once I did this, my sports sedan lurched forward in a rush of speed I have never felt before. I looked to my left as I went pass this vehicle, changed lanes into the middle lane to avoid the car in front of me reached the apex of the hill and a police officer was right there clocking me with his laser gun. I immediately pulled over and explained the situation to him, that I was avoiding an accident and that's why I was just speeding. He gave me a must appear in court ticket and let me go. He said he clocked me at 108 mph, I was doing 74 mph in a 70 before I stomped on my gas pedal. Apparently, this happened in the worst county ever, and I am being charged with reckless driving and a fine of 1,200.00 dollars, 24 hrs in jail and 40 community service hours. I plan on taking this to a jury trial. Have you ever heard of anyone getting out of this particular situation by doing a jury trial before? Can anyone please advise, my understanding is that if I take it to a jury trial and loose, I could suffer more jail time and community service time.
    I don't know what kind of car you were driving but from 74 to 108, a difference of 34 mph, which you did just to avoid another vehicle side swiping you, and that happened to be at the same moment the officer clocked you, all while you were already ahead of this vehicle in question ("his front bumper was at my driver side door"), seems all too coincidental to be factual.

    As I always say in threads that involve speeds of 100+, it takes time and intent to go from most maximum speed limits (in most states) only to reach speeds in excess of 100 or more. And for you to claim to have had the rush of power you've never felt before, a normal reaction would be to immediately step on the brakes and such a reaction might take a second or two to happen, therefore you'd have to be driving a rocket for it to go 34 mph higher in a matter of 2 seconds.

    No jury in the world would by your claims... Sorry!

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