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Thread: Georgia "Super Speeder" Statute

  1. #1
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    Georgia "Super Speeder" Statute

    In the state of Georgia, there is a statute that if one is found to be driving above 85 mph on an interstate highway or above 75 mph on any 2-lane road in the state, they are automatically categorized as a "Super Speeder". The stated fine/fee is $200, sent approximately 2 months after the initial offense, with the payment sent to a different agency (other than the original agency that wrote the citation) in the State of Georgia.

    I cannot post links due to my extremely (understatement of the week?) low post count, but I hope you could find the time to copy/paste my 2 links & spend a couple of minutes scanning them, particularly the 2nd link: (I was forced to put spaces due to your policy of denying links from low-post-count individuals; I feel that these links are necessary, I apologize for the inconvenience)

    safespeedsgeorgia. org

    The problem is, many individuals are not told about this "Super Speeder" designation at the time of their stop. In addition, some seem to be accused of driving faster than they were. i.e. a woman in a Honda Odyssey was driving 72 mph or so & was accused of driving 88 mph. I personally drive a Honda Odyssey. Honda Odysseys do not go 88 mph comfortably with a single driver, let alone a mother with all of her children in the car who more than likely drives even more carefully than I do.

    This website has anecdotes on how the "Super Speeder" law is administered:

    forums.motorists. org/read.php?2,1521

    The anecdotes are eerily similar, over & over again. Apparently, an exceedingly polite (I say exceedingly polite because he is polite enough for the politeness to be noted & remembered by the driver) officer pulls someone over & issues a citation that is conveniently a couple of mph over the 85 mph threshold, often when they were driving less than 85 mph, but close to it, at the prevailing speed of traffic, most of whom are from Georgia. Many of the out-of-state drivers simply pay the fine, thereby admitting guilt & immediately entered into the "Super Speeder" categorization, something they were not informed of at the time of the stop! Whether they were actually driving at the accused speed or not.

    A couple of months later, they receive the "Super Speeder" notice & are asked to pay the fee at threat of having their license suspended in Georgia.

    What do you officers think/feel about this? Does this violate double jeopardy rules? And is it a violation of disclosure rules, as well? The drivers were not informed of the full extent of the penalties; they were not told about the "Super Speeder" penalty, therefore they were unable to make a reasonable decision with informed consent?

    And have you heard about this before? I did a search on the forum for "Super Speeder" & "Super Speeder Georgia" but didn't receive any results. I was somewhat surprised about that.

    Looking forward to your responses. Have a good week, ladies & gentlemen.

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    I think the sites you referenced have an agenda. I have no need to make up speeds. Plenty of people speed that fast.
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    Deny it though you will, I strongly suspect an agenda here. That said, there is NO double jeopardy, and no inherent rights of a defendant to argue his case before the court(s) is jeopardized.

    Most, if not all states have similar, if not identical provisions in their motor vehicle laws. In Alabama for example, speeding 25 MPH or more over the posted speed limit is referred to as "Aggravated Speeding". There is an appropriate increase in the fine amount if a defendant pleads, or is found guilty of this violation.

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    Officers don't notify people about super speeder because we don't assess the penalty against them. The state does. I don't even tell people how much a fine is because I honestly don't know them by heart, other then seat belt violation ($15).

    I didn't bother to look at the links because I'm sure I already know what they say. I work for a department that people call a 'speed trap', even though we don't pull people over until at least 15 over, with the exception of school zones, were people get 12. I have never once heard of an officer increasing a speed, though many, including myself, lower them to save the driver money and points. There is also no point to an officer trying to push someone up into super speeder since all the money goes to the state (thus no pressure on the officer by those departments who try to get their funds via tickets).
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    Hmmmm. Interesting answers. Thanks for them!

    On the agenda query, don't all websites have agendas of some sort or another. It's just the way it is. Marketing themselves in any manner towards certain groups doesn't necessarily mean they are untrue.

    I really liked the answer from Georgia, since this is where this is going on. I guess it's true, there's no added incentive if the state gets all the money. Wonder why all those people are encountering such similar circumstances, then.

    As for PhilipCal's mention of the Aggravated Speeding charge, I believe that will come with one single fine. The problem with the "Super Speeder" designation is that it does not come as a single fine but as 2 separate fines. It catches people off guard when they receive it and I believe that is wrong and inappropriate. It should be one single fine.

    Another argument (made on that first link) is why are they doing this to one-time, first-time offenders? Why not institute such a penalty on frequent offenders, rather than one-time offenders? Don't those who break the (same) law time & again deserve such harsh penalties more than someone who's "slipped up" only once?

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    Quote Originally Posted by TexasDriver View Post
    Another argument (made on that first link) is why are they doing this to one-time, first-time offenders? Why not institute such a penalty on frequent offenders, rather than one-time offenders? Don't those who break the (same) law time & again deserve such harsh penalties more than someone who's "slipped up" only once?
    There has to be a first time for everything. How do you know this person hasn't been stopped 10 times already and were given warnings?

    What I would like to see if we could ever get it to work effectively is to have fine amounts that are based on your income instead of a flat out fine for everybody.

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    You're entitled to your beliefs. That said, we (Police) don't make the laws. We enforce them. Perhaps you should address your concerns to your legislator.

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    Quote Originally Posted by Crimy View Post
    There has to be a first time for everything. How do you know this person hasn't been stopped 10 times already and were given warnings?

    What I would like to see if we could ever get it to work effectively is to have fine amounts that are based on your income instead of a flat out fine for everybody.

    What percentage of income would it have to be? Don't some (or all) Scandinavian nations already have this system?

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    [QUOTE=TexasDriver;3193360] Wonder why all those people are encountering such similar circumstances, then.QUOTE]


    What circumstances? Saying they were given a ticket for going faster than they were going? Almost every driver stopped for speeding swears they weren't going or didn't think they were going as fast as they were clocked at with laser / radar. And I don't have to tell you about the super speeder law. I don't explain all the penalties the state can asses in reference to a traffic violation when I issue a ticket. I explain that you are required to pay the citation or appear in court.
    Last edited by Catfish56; 12-12-2012 at 12:24 AM.
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    [QUOTE=Catfish56;3193509]
    Quote Originally Posted by TexasDriver View Post
    Wonder why all those people are encountering such similar circumstances, then.QUOTE]


    What circumstances? Saying they were given a ticket for going faster than they were going? Almost every driver stopped for speeding swears they weren't going or didn't think they were going as fast as they were clocked at with laser / radar. And I don't have to tell you about the super speeder law. I don't explain all the penalties the state can asses in reference to a traffic violation when I issue a ticket. I explain that you are required to pay the citation or appear in court.
    Understandable, due to time constraints & the safety issue of being out on the side of the road for an extended period of time. It's just that, from the perspective of most people, it's strange to pay your fine & THINK you're done with it only to be sent that 2nd piece of mail months later.

    It just seems wrong, that's all. Why does it have to be from 2 different agencies? Why isn't it just one, single fine? It's just strange.

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    [QUOTE=TexasDriver;3193553]
    Quote Originally Posted by Catfish56 View Post

    Understandable, due to time constraints & the safety issue of being out on the side of the road for an extended period of time. It's just that, from the perspective of most people, it's strange to pay your fine & THINK you're done with it only to be sent that 2nd piece of mail months later.

    It just seems wrong, that's all. Why does it have to be from 2 different agencies? Why isn't it just one, single fine? It's just strange.






    Here's a thought. Simply observe the posted speed limit. Problem solved.
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    VA used to have such a scheme about five years ago under Gov. Tim Kaine (now - Gag! - our next US Senator when he is sworn in next month) and they called it "abusive driver fees" or something like that. They were extra penalties assessed annually for three years and applied to certain traffic infractions.

    This was made into law to help balance the state's budget, but it was ruled unconstitutional since these "fees" only applied to and were assessed to Virginia residents. Thankfully, this lame-brained scheme went the way of the dodo bird and Tim Kaine was replaced as governor. The scheme went away, but Kaine is returning to do damage on the federal level that he could not do to VA. LOL!

    Our current governor, Bob McDonnell, has a new scheme of his own to raise more money.......a tax that will be collected via toll booths on I-95. {Face palm!}

    The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

    The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

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    It just goes to show you that politicians in either party are going to try to find new ways of getting blood from a stone.......but we keep electing them. Grrrr!!
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    The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

    The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

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    "Ignorance on fire is hotter than knowledge on ice."

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    If you don't speed then yo won't have to worry about paying any fine let alone two....see how easy that problem is solved???
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    Quote Originally Posted by TexasDriver View Post
    The problem is, many individuals are not told about this "Super Speeder" designation at the time of their stop.
    The police are not required to inform you of state law. You as a driver in the state are responsible to know the law, obey the law, or face the consequence of your actions.
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    Iowa welcome back

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    Applicable Saskatchewan law (Provincial Statute, non-criminal) http://www.publications.gov.sk.ca/de...m?p=12208&cl=5

    Speeding prohibited
    199(1) Subject to the other provisions of this Act, no person shall drive a vehicle
    on a highway:
    (a) at a speed greater than 80 kilometres per hour; or
    (b) at a speed greater than the maximum speed indicated by any signs that
    are erected on the highway in accordance with section 200 or 201 or that are
    placed at the entrance to a park in accordance with section 202.
    (2) Notwithstanding any provision of this Act, a person who drives a vehicle at a
    speed greater than 50 kilometres per hour over the applicable speed limit
    mentioned in subsection (1) is guilty of an offence.
    (3) No person shall drive a vehicle on a highway at a speed greater than is
    reasonable and safe in the circumstances.
    (4) No person shall drive a vehicle on a highway at a speed that impedes the
    normal and reasonable movement of traffic on the highway except when necessary
    for the safe operation of the vehicle.

    Fines:
    - (1): $70 plus $1 per km/hr if limit exceeded by = / < 30 km/hr, or $2 per if > 30 km/hr;
    - (2): $140 plus $4 per km/hr exceeded.

    However, if road, weather and / or traffic conditions are such that the above legislation would NOT be applicable, the "client" COULD face criminal charges per http://laws-lois.justice.gc.ca/eng/a...-118.html#h-82

    249. (1) Every one commits an offence who operates
    (a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;

    There are other non-criminal sections that could apply, or I could quote, but I did not want to bore you!
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    Quote Originally Posted by Iowa #1603 View Post
    The police are not required to inform you of state law. You as a driver in the state are responsible to know the law, obey the law, or face the consequence of your actions.
    HAHAHA! I told you that you couldn't help yourself!
    For the cops out there: You are an adult. If you want to write someone, write them. If you don't want to write someone, then don't write them.

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