Thursday, May 22, 2008

Does one have the right to access any evidence prior to a traffic violation hearing? Is a lawyer needed? -

This citation was given to my friend (in Pooler, GA) as he was giving me a ride to the SAV airport for a bereavement flight. I had just found out that my dad died (unexpectedly--in the midwest) that morning. My friend and I both do not recall any reckless driving. In fact we don t know exactly why he got the citation. He asked for a copy of the full report and was told all the info they had was on the carbon copy of the ticket he had. My friend would prefer to go without an attorney. However, all advice is welcome and any ideas on discount or pro-bono representation would be very helpful. The evidence we recall indicates that my friend is not guilty. Are we entitled to be able to view all records? How serious is a reckless driving citation? What are the extremes within reckless driving? Any ideas on where to get more info on it? If in the long run a lawyer will be the best way to go, let us know and let us know what you would do (and why)? Thanks in advance for your help!

One of my areas of practice is traffic law, although I m not licensed in Georgia. Unfortunately, most traffic infractions such as reckless driving probably have very little evidence other than the ticket itsself. In some cases, if the ticket were the result of an accident, there would be an accident report, but from your statement, I doubt that. I would suggest that you and your friend consult an attorney who does traffic law, and find out if there is a procedure there for amending the ticket to a less serious or a non-moving violation. If your friend has an otherwise good driving record, and the prosecutor hears the circumstances, they may consider this. But, I don t know the details and can t speculate further. Look in your phone book for attorneys who deal with traffic law and give one a call. It shouldn t be all that expensive.

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