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Discussion Starter · #1 ·
In Jackson county....Jefferson. The officer was just over a hill and in a curve where the speed limit dropped to 35 from 45. Radar got me at 56. He was very nice though and didn't ask about any weapons or drugs in the vehicle. I thought officers has to be in plain sight when they were using radar. My cousin lives near by and says this is a speed trap. Is there any way I can fight this? I found a couple of statutes that I think would apply but I don't know how to measure to prove them. Any help would be appreciated.

O.C.G.A. § 40-14-7 (2011)

§ 40-14-7. Visibility of vehicle from which device is operated


No stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.

O.C.G.A. § 40-14-9 (2011)

§ 40-14-9. Evidence obtained in certain areas inadmissible; use of device on hill


Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place, except that this 30 day limitation shall not apply to a speeding violation within a highway work zone, as defined in Code Section 40-6-188, or in an area with variable speed limits, as defined in Code Section 40-6-182. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent
 

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Discussion Starter · #6 ·
I guess no one cares whether this speed trap was set up in an illegal location according to the GA statutes that I posted.
 

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Discussion Starter · #13 ·
According to my GPS coordinates from where his car was parked and the location of the reduced speed change sign, he was only 289 ft away from the sign. This was inside the Jefferson City limits.

O.C.G.A. § 40-14-9 (2011)

§ 40-14-9. Evidence obtained in certain areas inadmissible; use of device on hill

Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed;

 

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Discussion Starter · #17 ·
You know...cops aren't infallible and I hope you don't blindly trust them to always do the right thing.
 
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