Fulton Georgia Motion to Dismiss Traffic Citation

Category:
State:
Multi-State
County:
Fulton
Control #:
US-03341BG
Format:
Word; 
Rich Text
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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FAQ

All Persons. All persons charged with serious traffic or criminal offenses, and nuisance violations must appear in court. In addition, the Judge may require a court appearance based on the person's driving and/or criminal record.

Which Georgia Traffic Citations Require a Court Appearance? Reckless driving. Driving under the influence. Possession of marijuana. Aggressive driving. Driving while having a suspended license. Racing. Fleeing or attempting to elude. Hit and run.

How can I get a traffic ticket dismissed? Georgia doesn't dismiss traffic tickets for taking Defensive Driving or Driver Improvement courses, but if you fight your ticket in court and win, the ticket is dismissed.

In order to do a trial by written declaration the defendant must use court form TR-205. This form is a fairly simple form where the defendant must enter some basic information such as name, address, citation number etc. and submit the form to the court which must include a statement of facts.

If you lose your traffic court trial and are convicted, you can appeal the conviction.

Georgia Law Says Traffic Violations are Criminal Charges In many states, traffic violations are separate from criminal charges. They may only have financial consequences. Not in Georgia. Every moving violation -- from driving without insurance to drunk driving -- is at least a criminal misdemeanor.

Confirm Your Traffic Violation Keep in mind that accepting the penalty is pleading guilty to the citation. If you pay before your court date, you will not be required to appear in court.

You can: plead guilty and pay the fine, plead not guilty and request a jury trial, or plead Nolo Contendere (No contest).

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.

Consequences of Failing to Appear for Court in Georgia If a court appearance was required, a failure to appear would result in a license suspension. Simply paying the fine will not make the suspension go away.

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Fulton Georgia Motion to Dismiss Traffic Citation