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Georgia
Motion to Dismiss Traffic Citation

Georgia Motion to Dismiss Traffic Citation

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-03341BG

Format:

Instant download

Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:

" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.

The prosecution will have to prove each element of the infraction.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Motion To Dismiss Traffic Citation?

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FAQ

If the system permits you to pay your fine on your citation, you are no longer required to appear personally in court. Your payment of the fine will be accepted as a guilty plea. If points are associated with the citation, it will be reported to the Georgia Department of Driver Services.

You can: plead guilty and pay the fine, plead not guilty and request a jury trial, or plead Nolo Contendere (?No contest?). Please read the Georgia Department of Driver Services Traffic Court Reference Manual to learn about the implications of each plea.

A traffic ticket is a citation or summons issued to a person who has violated a motor vehicle law.

Do not miss your court appearance. If you miss your court date, the court will ask the Georgia Department of Driver Services to suspend your driver's license until the case is resolved.

To request points off your driving record, you must: Take and complete a certified Driver Improvement course. Obtain a certificate of completion from the course. Present your certificate of completion to the DDS by mail or in-person.

In Georgia, all traffic offenses are misdemeanors. Our system is not typical. In most of the United States, traffic offenses are mostly civil infractions that do not carry the possibility of a jail sentence. There are advantages and disadvantages to our system in the State of Georgia.

You will have an opportunity to submit a plea. If you plead ?not guilty,? the court will schedule a trial. If you win the trial, you will have effectively cleared the ticket and any points from your driving record, as well as avoid a potential increase in auto insurance rates.

If your citation does not require a mandatory court appearance, you can resolve the case before your scheduled court date by accepting the penalty and paying the fine. Keep in mind that accepting the penalty is pleading guilty to the citation.

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