Signs Moving To Improve Safety In Jesup GA

Posted on February 20, 2008 by georgiatrafficlawyer

The new red light at Lairsey’s may have made travel safer there, but more adjustments to improve safety will be made there in coming months.Glenn Durrence, district engineer for the Georgia Department of Transportation’s (GDOT) Jesup office said last week he has recommended the “signal ahead” warning signs at the intersection be relocated.

The yellow signs warn motorists approaching the intersection to slow down for the traffic light.

Durrence made the suggestion in response to a request by County Commissioner Aldeen Davis last month.

Davis asked GDOT Commissioner Gena Abraham to place flashing warning signals on the approaches to the dangerous intersection.“I have been working on this since before the red light was put up there,” Davis says.

The commissioner says he became concerned that traffic might not have enough advance warning of the light and might not be prepared to stop.

“December’s bus accident at the intersection certainly was a case in point behind those concerns,” says Davis.

The request for the flashing signals was not recommended, but Durrence did say the warning signs should be moved farther back to give more time for motorists to react. The recommendations were made after a site visit and a review of the traffic light’s operation.Davis says the DOT has also asked local leaders to control speeding in the Lairsey Crossing area.

“Speed was a factor in the accidents, including the one involving the bus, that have occurred there since the light was put in place,” says Davis. “They haven’t asked us for a law enforcement crack down yet, but they have asked us to ask our residents to slow down in the area.”

The BlackshearTimes.com article

Traffic or speeding ticket in Jesup GA?

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Georgia Traffic Light Cameras To Stay

Posted on February 17, 2008 by georgiatrafficlawyer

ATLANTA GA – It looks like traffic-light cameras in Georgia will be safe for at least another year.

A Senate committee heard testimony Tuesday on a new version of legislation giving the state a role in deciding where local governments could place traffic-light cameras within their jurisdictions.

But the hearing came to an abrupt halt when a motion to reconsider the bill, which the committee had tabled last year, failed for lack of a second.

Traffic-light cameras have been cropping up more and more at busy intersections across the state in recent years, giving police agencies a way to crack down on lead-footed drivers without having to stretch their personnel budgets.

However, as the cameras have generated more and more revenue, some lawmakers have begun to question whether local governments have become too reliant on those fines.

“If we are going to sue red-light cameras, it should be for safety purposes, not revenue purposes,” Rep. Barry Loudermilk told the Senate Public Safety Committee Tuesday.

Loudermilk, R-Cassville, introduced a bill in the House last year to abolish red-light cameras in Georgia.

But as it made its way through the lower chamber, it was changed substantially to keep the cameras but require local governments to share the revenue from fines with the state.

A new Senate version of he bill presented on Tuesday also would require local governments to obtain a permit from the state Department of Transportation for each red-light camera they plan to install.

Loudermilk told committee members that he liked the changes, but he still was concerned that traffic-light cameras violate motorists’ constitutional rights.

He said owners of cars photographed running red lights receive tickets in the mail charging them with the violation, regardless of whether they were actually driving the vehicle at the time.

“In a legal sense, that can be interpreted as a presumption of guilt,” he said. “It puts the burden of proof on the accused, not the government.”

Loudermilk also pointed to cases where motorists in a funeral procession have been fined based on red-light camera photographs.

“The technology is not infallible,” he said.

Loudermilk’s testimony brought a sharp response from Sen. John Douglas, R-Covington, a strong supporter of red-light cameras.

“What’s your solution to having people running red lights and killing each other in intersections?” he asked Loudermilk. “Do we put a cop on each corner?”

It was Douglas who made the motion last year to table the bill.

Before Loudermilk had completed his testimony on Tuesday, Sen. Lee Hawkins, R-Gainesville, the committee’s chairman, was reminded that the bill was still on the table and, thus, couldn’t be acted upon.

Hawkins called for a motion to remove the bill from the table and received one. But when no one on the committee seconded the motion, the bill died and the meeting ended.

The City of Albany, Ga received grant funds to install traffic cameras at Jefferson and Pine but technical problems with the equipment prevented the police department from using the cameras.

Dave Williams, Albany Herald

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Stopped By A Georgia Traffic Officer? Know Your Rights.

Posted on February 15, 2008 by georgiatrafficlawyer

 

If you are driving in Georgia you may get pulled over for any number of moving violations, the list below includes the majority of Georgia Moving Traffic Violations that you can be charged and ticketed for by a Georgia Traffic Officer.

  1. Obedience to Traffic Control Devices
  2. Failure to Maintain Lane
  3. Following too Closely.
  4. Failure to Yield Right of Way
  5. Failure to STOP
  6. Failure to Yield
  7. Improper U Turn
  8. Improper Lane Change
  9. Failure to Use Correct Signal
  10. Impeding Traffic Flow
  11. Reckless Driving
  12. Attempting to Elude
  13. Aggressive Driving

If you are ticketed in GA for any of these violations, you can seek the help of a Georgia Traffic Ticket Attorney for assistance in dealing with the fines that may be associated, in varying amounts, with the violation. Don’t just automatically assume you must pay or go to court on your own behalf for your moving ticket violation in Georgia.

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Red Light Cameras in Athens-Clarke County GA Cash In

Posted on February 12, 2008 by georgiatrafficlawyer

Athens-Clarke County in Georgia has raked in more than $1 million in three years from a camera enforcement system that nabs red-light runners.

Launched at one intersection in 2005 and expanded to a second intersection last year, the camera system was touted as a break-even proposition. Athens-Clarke police told county commissioners that tickets would spike early on but drop as drivers caught on and slowed down.

Although police plan for as many as 15 intersections to come under the lens one day, grand jurors who studied the camera system are concerned the government might use the system as a cash cow.

The county collected $1,035,831 since 2005 from tickets sent to motorists who whose cars and trucks were caught in photographs running red lights on Lexington Road and West Broad Street, according to annual reports that by law the police department must make to the governor’s office by Jan. 31 every year.

After subtracting operating costs, salaries and other expenses to maintain the cameras, the county had a three-year balance of $569,047 in the red-light camera program as of Feb. 1, according to the Athens-Clarke Finance Department.

“There was a concern to the effect of, is this something that’s going to be treated by the Athens-Clarke County government as a way to supplement income or is the purpose really to reduce accidents,” said Richard Seigler, a member of the Clarke County grand jury that last month recommended the county limit red light cameras to five locations, tops. 

“Obviously, we don’t want cameras at every intersection in Clarke County, but there are a few others that could probably use them,” Seigler said. “There was no official study done by the grand jury to identify intersections, it was just a matter of conversation that there seemed to be a lot of wrecks at such and such intersections.” 

Currently, the cameras photograph traffic heading east and west on Lexington Road at the Gaines School-Cherokee Road intersection as well as traffic going in three directions at West Broad Street and Alps Road: East and west on Broad, and north on Alps at the intersection. Those two intersections have the highest accident rate in Athens. 

The camera system isn’t meant to generate revenue, but to reduce injuries, protect officers and allow police “to redirect our scarce resources to other pressing, critical problems in the county,” said police Chief Jack Lumpkin.

But if the cameras continue to be money-makers over time, that is fine with District 5 Commissioner David Lynn, who said excess revenue can let the county expand the camera system beyond the current two locations and fund other safety initiatives.with District 5 Commissioner David Lynn, who said excess revenue can let the county expand the camera system beyond the current two locations and fund other safety initiatives.

“These things typically have a spike in revenue at the beginning, then dwindle down because they accomplish what they set out to do, and they’re typically not huge revenue generators in the long haul,” Lynn said. “But if they bring in more money than what it costs to operate them, and it’s used for public safety, that’s fine with me.”

Though signs warn drivers about the cameras, the number of tickets issued continue to climb: from 1,791 in 2005 to 1,999 in 2006 and to 14,299 last year, when police added the cameras on West Broad Street and Alps Road.

Still, police say that drivers will learn over time.

“It is anticipated that as driver awareness increases, the number of violations will decrease,” Lumpkin wrote in the annual report he sent last month to Gov. Sonny Perdue. “A project of this type should be given several years to accurately assess the impact of the automated red-light enforcement system.”

The county has no immediate plans to expand the system beyond the current two intersections, Lumpkin said.

But police have candidates.

“Where (cameras) are particularly effective and efficient are the major intersections, those that have multiple lanes intersecting,” Lumpkin said. “Complex intersections such as these pose a significant safety issue.”

One example Lumpkin gave is Atlanta Highway’s intersection with Timothy and Mitchell Bridge roads, near Georgia Square Mall, the location with the third-highest number of reported collisions in 2006. Another is a couple of blocks away at Atlanta Highway and Huntington Road, an intersection that 70,000 vehicles pass through each day and had the second most highest number of crashes in 2006.

When crash data for 2005 and 2007 is compiled later this month, Lumpkin will meet with traffic engineers to discuss whether and where to add more red-light cameras, he said. The numbers for 2005 weren’t completed because the engineer changed jobs, and 2007 crash data isn’t yet compiled, Athens-Clarke Transportation and Public Works Director David Clark said.

When police and traffic officials get ready to add more cameras, funding won’t be a problem.

The county collected $217,172 in ticket fines from the Lexington Road cameras in 2005, the year the automated enforcement system first came online.

But the cameras generated more than triple that amount in 2007 – $818,659 – after a trio of cameras were installed at Broad and Alps at the beginning of the year.

Since 2005, the cameras have generated $1,035,831 in fines, but after subtracting costs, the county had a balance of $569,047 in its red-light program account as of Feb. 1.

The largest chunk from those expenses came from the $205,500 used to install camera equipment on West Broad Street intersection. Another $210,365 was used over three years for system maintenance and pay the salary of a clerk who reviews and mails citations.

The county pays the camera system’s vendor, Norcross-based LaserCraft Inc., $80,000 a year to maintain the camera system – $16,000 per camera, according to the grand jury report.

LaserCraft downloads images several times a day and sends police only those photographs that appear to show blatant violations, according to Capt. Mike Shockley, who oversees the system for the police department.

Both a clerk and a police officer review the photographs, make sure the vehicles in the pictures ran the red light, obtain the name and address of the registered owner and mail citations.

Under state law, a red-light violation issued by an automated system is considered a civil matter and $70 is the maximum fine a local government can set. When a police officer witnesses a violation and writes a ticket on the spot, the charge is criminal because the violator can confront his accuser in court, Shockley said.

Officer-issued citations carry a $140 fine.

The county mailed 14,299 red-light summonses last year, and 82 percent of violators paid fines without contesting them in court, according to Lumpkin’s report to the governor. Fewer than 1 percent of alleged violators, or 112, contested their tickets, 86 of which were dismissed and 26 resulted in guilty pleas.

The October 2007 term of the Clarke County grand jury formed a committee to review the red-light camera system to see if police and county officials are using the system responsibly, according to Seigler.

“By and large, we found that the county has been running the camera very well. We were all very pleased with how well it’s doing.”

Besides limiting the number of intersections where the police install enforcement cameras, the grand jury recommended setting criteria for where to place them, based on traffic counts, accidents, injuries and citations, and writing a policy about when a camera should be removed.

After the review, however, Seigler praised the system for the “checks and balances” that keep it fair.

“If you felt you got a ticket unfairly you can take it before a judge,” Seigler said. “Granted, there’s not a good chance of winning because the police do a good job weeding out questionable violations, and if a person is cited it is pretty clear from the photographs that the person ran the red light by a significant amount. There is no inherent bias in the system.”

Published in the Athens Banner-Herald on 021008

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Gwinnett County Police Officer Caught Speeding Found Not Guilty

Posted on February 9, 2008 by georgiatrafficlawyer

An off-duty Gwinnett County Georgia police officer who was arrested and charged with drunken driving after being stopped for speeding was found not guilty Friday by a local judge.

“We feel that our trooper did his job and took a dangerous driver off of the road,” said Larry Schnall, spokesman for the State Patrol. “That trooper is an instructor in how to make proper and effective DUI traffic stops.”The judge in the case, Recorders Court Judge Patricia Muise, in Gwinnett County Ga., was not available for comment.

But Muise’s judicial assistant, Kim Everett, defended the judge’s actions.

“The evidence was presented in court and she made a decision based on the evidence,” Everett said. The trial was held Jan. 29, and Everett said she watched the proceedings.

The traffic stop occurred about 1 a.m. on Dec. 28 in the Lawrenceville area of I-85 in Georgia, according to the State Patrol.

Schnall said Cpl. Kevin Brandle was driving a GMC Yukon with two other people in the car. Cpl. Charles Chapeau, a Georgia state trooper, pulled the driver over for speeding and noticed that the occupants in the car were trying to hide some items. Chapeau also saw open containers of beer in the car.

The driver, Brandle, smelled of alcohol, had bloodshot eyes and slurred speech, Schnall said.

Chapeau charged Brandle with driving under the influence of alcohol and with having open containers of alcohol in his car, Schnall said, and Brandle’s passengers also were cited for having open containers of alcohol.

Brandle refused to take a breath test or do a field sobriety test and told the trooper that he was a Gwinnett police officer, Schnall said.

The traffic stop was videotaped and a microphone in the patrol car captures the officer cursing at the trooper, Schnall said.

Chapeau, who made the traffic stop, is a supervisor with the State Patrol and is an instructor who teaches other troopers how to detect drunken drivers.

Christine Koehler, Brandle’s defense attorney, said her client was innocent.

“The judge reviewed all the evidence, including the videotape and made her decision,” said Koehler. “Any time the Georgia State Patrol loses a case they get upset. But [Brandle] is a superior officer who has received many awards.”

Brandle has been working for the Gwinnett Police Department for about eight years, said Cpl. Illana Spellman, a department spokeswoman.

Brandle had been working in the Special Operations department, she said, but was given a “desk job” after the arrest.

The incident is being investigated by the internal affairs department, Spellman said.

Atlanta Journal Constitution Article

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Georgia’s Move Over Law – Obey Or You’re Fined!

Posted on February 3, 2008 by georgiatrafficlawyer

ATLANTA (January 2008) – Move Over Georgia! It’s the law.. It’s a lifesaver.. And it’s common sense. But it comes with a hefty five-hundred-dollar-fine for any motorist who ignores it.

Police have been enforcing it here in Georgia since 2003.. And wherever you drive in 2008, forty states now have a law just like it. It’s called Georgia’s Move Over Law.

The Georgia Move-Over Law requires drivers to move-over one lane if possible whenever an emergency vehicle on the side of the road displays emergency lights. And if traffic is too congested to move-over safely, the law requires drivers to simply slow down, below the posted speed limit and be prepared to stop.

Without nationwide Move Over Laws, more than 150 law enforcement officers have been struck and killed by vehicles along America’s highways since 1997. This deadly decade demonstrates that each time an officer makes a traffic stop it’s one of the gravest dangers police can face on the road today.

The Move-Over Law was passed here after years of Georgia law enforcement officers suffering death or injury due to the deadly mistakes made by careless drivers as they speed by police at roadside traffic stops. The odds still swerve against them. Across the country in 2007, fifteen law enforcement officers were killed by passing motorists while conducting their daily patrol duties.

“The stakes are just too high,” said Director Bob Dallas of the Governor’s Office of Highway Safety (GOHS). “All too often our traffic enforcement officers will end their shifts talking about being ‘winged’ by passing cars during traffic stops. Each one of those “near misses” with a side view mirror is a brush with death that never makes the evening news.”

The 2007 National Law Enforcement Officers Memorial Fund (NLEOMF) Fallen Heroes Report shows 2007 was the tenth consecutive year in which crashes and traffic-related incidents either equaled or exceeded gunfire as the leading cause of police officer deaths. From across the country, incident reports show emergency vehicles of all types have been struck while parked beside a highway, even while their red, yellow, blue or white emergency lights were flashing. Failure to Move Over has killer consequences.

“That’s why Georgia’s Move-Over Law was passed,” said GOHS Director Bob Dallas. “And that’s why it includes emergency vehicles operated by police officers, paramedics, firefighters, tow truck operators and highway maintenance and construction workers. Every one of these professional public servants is putting their lives at risk.”

The Move-Over Law is another good reason to slow down on Georgia’s highways and interstates,” said Director Dallas. “When the required clearance is given to a roadside emergency vehicle, the margin of safety is increased not only for public safety and emergency personnel, but for passing motorists and their passengers as well.“

“Because motorists like you and me are frequent victims too,” said Dallas. Georgia Department of Transportation data shows three-out-of-four DOT work zone fatalities are motorists or their passengers. During 2005 alone, sixty-one Georgians were killed in road construction work zone crashes. Nationally, a thousand motorists are killed every year in work zone crashes and another 40-thousand occupants are seriously injured.

To reduce the number of injuries and fatalities here, Georgia legislators allow local judges to set Move Over Law violation fines as high as five-hundred-dollars to help modify carless driver behavior. Penalties in some states range as high as a thousand dollars or more, with more states considering “Move Over” legislation like Georgia’s. And yet in 2007 police here still faced too many close calls, from too many distracted drivers.

“In fact, many officers tell us they observe drivers violate the Move-Over Law every time a police officer has to step out of the car to check a license or assist a motorist. Cops tell us it’s nerve racking when trucks and cars blow-by so close you have to hold onto your ticket book,” said GOHS Director Dallas. “Anyone who works alongside our highways is vulnerable, but police especially are in constant danger.”

As a result, many police agencies now routinely designate traffic enforcement units to work in pairs during patrols. While one officer is working traffic enforcement, a second officer cites drivers who fail to move-over or slow down. This proactive method of Move Over Law enforcement is resulting in more citations and more news coverage about Georgia’s lifesaving statute throughout the state.

“A five-hundred-dollar-fine for the first offense is a costly reminder,” said GOHS Director Dallas. “And as more local police departments are deploying these high-visibility enforcement measures to remind motorists about the Move Over Law, all anyone has to do to avoid the fine is use this common sense precaution behind the wheel.. Slow Down. Change Lanes. Save Lives.”

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Ticket Fixing Scheme Leads To Arrests

Posted on February 3, 2008 by georgiatrafficlawyer

DEKALB COUNTY, Ga. — Several traffic court employees have been arrested in a ticket-fixing scheme. DeKalb County police received a tip that court recorder Charlene Johnson, 43, was allegedly behind a ticket-fixing scheme that defrauded the state by pocketing the fines. Johnson faces 16 separate charges ranging from making a false statement to bribery and conspiracy to defraud the state.The alleged scheme involved drivers paying Johnson under the table to have the tickets reduced to warnings.

From CBS46 News

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Busted For Speeding; Tips If You Get Pulled Over

Posted on January 23, 2008 by georgiatrafficlawyer

It happens to all of us at one time or another. In a hurry to get the kids to soccer practice, or rushing to the store to get a few things on the way home from work, you forget that your speedometer doesn’t have a mind of its own and in a flash, that dreaded scenario occurs. The flashing red lights of a traffic cop’s vehicle appear in the rear view mirror and you get that sinking feeling in the pit of your stomach..BUSTED for speeding!  Below are a few tips that may help you either avoid getting the speeding ticket in Georgia or anywhere else.

1) Pull the vehicle over to the side of the road as quickly as possible.

1) DO NOT admit that you were speeding even if you realize you were, don’t engage in unnecessary conversation with the officer as this could be used against you later

2) Maintain a calm, collected outward appearance even if you are seething inside, give it your best effort.

4)  Make sure that your vehicle is turned off.

5) Keep your hands on the wheel in the 10 and 2 position and in plain site to the officer at all times.

6) Don’t get out your driver’s license and registration until the officer asks for them.

7) Observe the officer; if he or she is in an unmarked vehicle or not wearing an easily identifiable uniform, remember this as it could help with your traffic ticket defense if you contest the speeding ticket in court.

8) Above all, treat the traffic officer with respect and be courteous at all times.

You can fight a speeding ticket in Georgia and beat it.

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How To Stop Speeding In Your Neighborhood

Posted on January 21, 2008 by georgiatrafficlawyer

 

You, like thousands of other metro Atlanta residents, are outraged. Speeding drivers cut through your neighborhood, ruining the tranquility of your community and threatening the safety of anyone on foot. Many drivers lack awareness of the deadly impact that driving five or ten mph over the limit can have on the people outside their vehicles. What can you do? PEDS, metro Atlanta’s pedestrian advocacy organization, has some answers.

  1. Document the problem. Buy a radar gun, stand at the side of your neighborhood street and record drivers’ speeds. This provides powerful evidence to the police when you make your case for enforcement. Your mere presence, with the radar gun, will slow down many drivers. The Bushnell Speedster sells for about $70. Believe it or not, Hot Wheels (toy car maker) sells a weaker one for just $20. This is a great activity to engage your kids in community activism.
  2. Set the pace. When you drive through your neighborhood, stay at or below the speed limit. Ignore drivers who tailgate or honk. Set a safe pace and encourage your neighbors to do the same. PEDS can even send you free “Neighborhood Pace Car” stickers.
  3. Narrow the street. People drive faster on wide open roads, and they slow down on skinny streets. By parking your car next to the curb, you’ll discourage speeding.. If allowed, park in the street and get your neighbors to do the same.
  4. Post a yard sign. Over 3,500 metro Atlanta residents have posted yellow “SLOW DOWN!” yard signs to deter neighborhood speeding. The reminder works. The signs measure 20” x 14” and are highly visible. Contact PEDS if you’re interested in getting yard signs to deter speeding.
  5. Request traffic calming. Changing the geometry of your street can bring permanent change. Speed humps, traffic islands, bulb-outs, bike lanes, and chicanes are all great tools for calming traffic. Call your Public Works Department to find out what options are available in your community. In several cities, residents can initiate traffic calming requests through PEDS’ Take Action web page.
  6. Request traffic enforcement. Ask your local police to ticket neighborhood speeders.
  7. Request a speed trailer. Many police departments can lend portable trailers, which show the approaching driver’s speed. The trailers display – for all to see – a speeding driver’s violation while reminding them to obey the limit. Some units keep an electronic log of the traffic count and speeds detected.
  8. Demand proven technology. Nothing deters speeding like a ticket. Speed camera enforcement has been proven effective across Europe and in many US cities. But speed cameras are not yet approved in Georgia, and are generally opposed by legislators outside of metro Atlanta. Contact your legislators and assure their support for allowing speed camera enforcement in Georgia.

Neighborhood speeders do more than ruin the peace; they threaten your safety. Remember, a little more speed, makes a big difference in pedestrian crashes. Hit at 30 mph, a person has around an 80% chance of living. Hit at 40 mph, a pedestrian has an 85% chance of dying. Take action today to reduce speeding in your community.

From Dawson County News, PEDS – Pedestrians Educating Drivers On Safety.

Speeding ticket in Dawson County GA?

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Jackson County Georgia – Another GA Speed Trap

Posted on January 19, 2008 by georgiatrafficlawyer

If you are traveling through Jackson County Georgia, better obey all traffic laws as their city police exhibit some of the toughest traffic enforcement in Georgia The municipal police departments (Jefferson, Commerce, Arcade, Pendergrass, and Braselton) all concentrate on major highways 129, 441 and I-85, and also will nab you for minor traffic violations, such as running stop signs and improper lane changes.

Arcade and Pendergrass are the worst, as they will stop you for going 1 over through their towns. Jefferson, Braselton, and Commerce are less strict (5-10 over speed limit max) but they will still ticket you for anything more than this. Self survey shows that incorporated cities along the four-lane 129 bypass make about $1.5 million per year in traffic tickets. Town of Braselton has city limits on interstate 85, and they seem to be lying in wait here all the time. Commerce occasionally watches 441, but not as frequently.

Most agree that this is the most important source of revenue for the towns within Jackson County, so don’t expect any leniency from the officer who stops you any time soon!

For legal help with a traffic ticket or speeding ticket in Jackson County Georgia or any other county in Georgia visit Georgia Traffic Ticket  Attorney.

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