I have a question maybe someone can give advice on. I was stopped in a road block about 2 months ago for suspicion of drag racing. In all honesty no racing of any type ever occurred. The officer took my license and told me to go talk to the sheriff the following week. I went to the SO but the sheriff wasn't in. The clerk gives me a ticket for drag racing with a court date. I went to court yesterday.The Solicitor informed me and others that there was not sufficient evidence to go forth with the drag racing charge. Since we refused to pay for an offense that never occurred and there is no evidence the sheriff says either we can pay $423 court cost which is also the cost of the fine and everything will be dropped or he will persue having us Indicted on criminal intent to race and says he has enough evidence to prove us guilty. I'm not sure of what it is he claims to have. Anyway do I have a leg to stand on to fight this or am I screwed??? The police report stated I was on a road known for drag racing. I was on my way home when stopped if it matters.
Suspected of drag racing...
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Man that sounds like some backwoods extortion. Get a lawyer. Your going to end up paying someone something. I'd rather have it be a lawyer. When law enforcement is saying pay this or I'll charge with this, and you'll be found guilty, that's not how police work is done.
^ What this guys says. A sheriff cannot make promises on what the court will do with the charge. I would definitely hire an attorney and have him look into your case.
Thanks for the info guy's. I'm not sure what to do and have till Thursday to decide and obviously I'm gonna have to pay one way or the other. Really pisses me off but as they say, better to be pissed off than pissed on. I'm on the city council where I live and the county Solicitor is supposed to be in our meeting tonight so I may try to talk more about with him. I feel I'm damned if I do and damned if I don't....
Sounds like straight up extortion to me. The SO said there wasn't enough evidence to charge you with a crime so right there all charges should be dropped and you'd be free to go. Getting told you still have to pay or you'll be prosecuted is ridiculous. Get a lawyer.
Based on what you've said, I have a feeling as soon as the sheriff knows you have retained a lawyer and plan to let it go to court, it will all get dropped. Probably won't have to pay the lawyer more than $150. Now if you've actually been elected to the position your in, that's a further consideration.
Thanks again for all the info. I talked to someone on the grand jury and the funny thing is he heard me talking to a fellow councilman and heard me say that we were told the sheriff was taking it to the grand jury on Friday. He stepped in and said we meet on Thursday not Friday. I had no idea this person was on the jury. I'm thinking it was a scare tactic but regardless I'm probably gonna take my chances in court if they decide to go forward with an indictment.
If only there was a profession one could pay for... A profession comprised of individuals specifically trained to handle different aspects of the law... An individual paid to advocate on the behalf of his/her client.
Lol, I gotcha!
" Indicted on criminal intent to race " There is no such charge in Georgia! And..generally only felonies go before a grand jury. There is criminal "attempt" to commit an act..Second, Racing isn't even located in the "serious traffic offenses" such as aggressive driving..It is located in the speeding section of the code and states:
(a) As used in this Code section, the term:
(1) "Drag race" means the operation of two or more vehicles from a point side by side at accelerated speeds in a competitive attempt to outdistance each other or the operation of one or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.
(2) "Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.
(b) No person shall drive any vehicle on a highway in this state in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition of speed, contest of speed, or test or exhibition of speed.
(c) Any person convicted of violating subsection (b) of this Code section shall be guilty of a misdemeanor.
Depending on your county (Appling, Co.) those are handled in traffic court, magistrate court or probate court and maximum fine $1000.00
Last, I've spent xx years as LEO and prosecuting attorney in GA...and I now do defense work in my retirement..If sheriff told you that line- he is "mistaken". Sheriff can give you all the tickets he wants, but it is up to prosecuting attorney to file accusation and prove case.
Feel free to PM me.
(a) As used in this Code section, the term:
(1) "Drag race" means the operation of two or more vehicles from a point side by side at accelerated speeds in a competitive attempt to outdistance each other or the operation of one or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.
(2) "Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.
(b) No person shall drive any vehicle on a highway in this state in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition of speed, contest of speed, or test or exhibition of speed.
(c) Any person convicted of violating subsection (b) of this Code section shall be guilty of a misdemeanor.
Depending on your county (Appling, Co.) those are handled in traffic court, magistrate court or probate court and maximum fine $1000.00
Last, I've spent xx years as LEO and prosecuting attorney in GA...and I now do defense work in my retirement..If sheriff told you that line- he is "mistaken". Sheriff can give you all the tickets he wants, but it is up to prosecuting attorney to file accusation and prove case.
Feel free to PM me.
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I would detest paying someone to solve a problem that should not exist in the first place. A mildly intelligent person should be able to represent themselves and get this throw out.
Tried many cases in a Georgia courtroom???...a rural Ga. courtroom??
I would jump all over this offer. Home court advantage, experience, etc. If there was every an advantage this would be it.
Well nothing new really. Found out 3 guys paid the $423 fine as a supposed "court cost" for it to go away. Two days later another was told to pay $110 which he did and it would go away. 7 others of us remain and refused to pay. Haven't heard anything since that day in court so I guess I'll deal with it if I get papers through the mail for another court date....
I don't like extortion tactics- I would ask to see the evidence they intend to produce. The downside- That may require moving this up to state court. Other than cars (some on trailers) coming to a common gathering (presumably where you guys can "talk and BS in peace", they have very little UNLESS one of the paid group snitches...or there is evidence you are not aware of. There is no discovery in a traffic court. Also nothing prevents you from bargaining with the solicitor...on the fine and do "Alfred Plea"/"No Contest"- meaning you don't plea guilty to anything you just want the mess over with. Make sure there are no points assessed against license and no suspension.
Good Luck
Good Luck
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^^^^LOL...This!!!! I tried that...ONCE..... in a shitty little SE Texas town. Kangaroo court comes to mind. Long story short, it obviously did not go my way in city court, appealed to county and got a lawyer, ticket got dropped.
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LOL...that would be very accurate. I did manage to make the Judge and Officer laugh, but the bull dyke city attorney just glared at me, probably my undoing.
That's got to be illegal on so many levels. Evidence? Proven guilty??
Even a guy caught on video breaking the law is a"suspect", and innocent.
You need to get this type of law enforcement out into the media. Easy these days and more powerful than a judge in a court room from what I have noticed.
Note to self, nothing to see in Georgia.
WOW
Even a guy caught on video breaking the law is a"suspect", and innocent.
You need to get this type of law enforcement out into the media. Easy these days and more powerful than a judge in a court room from what I have noticed.
Note to self, nothing to see in Georgia.
WOW
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