Many Courts try to shield the invalidly of these tickets by requiring that a “Pre-Trial Motion to Dismiss” be submitted correctly in writing. If a violation does not have the required supporting deposition that ticket may be dismissed upon a Pre-Trial motion. The officer must describe why the it was unsafe to change lanes. For instance, a office may not say that the lane change was “unsafe”. The police officer can not use a conclusion of law to support the traffic allegation. If the issued supporting deposition is lacking in specific details alleging all of the elements of the offense.Ĥ. If the supporting deposition is served on the defendant when the defendant is represented by an attorney, if the Court is informed that the defendant is represented.ģ. It is not issued timely, which is 30 days after the Court receives such request.Ģ. If a supporting deposition is not issued correctly, the violation may be dismissed upon a Pre-Trial motion.ġ. Simply checking the box or circle indicating that one requests a supporting deposition when mailing in the not guilty plea is sufficient.Ī supporting deposition must describe all of the elements of the alleged violation. On most traffic tickets an option to request a support deposition is included on the ticket in the portion where pleads guilty or not guilty. Criminal charges always require that criminal information be issued in support, even if the defendant does not request it. This request must be made within 30 days of the arraignment date. Tip: It can be very dangerous to attempt to navigate the intricacies of a bench or jury trial without first consulting a professional.In any Court outside of the Traffic Violations Bureau a motorist has the right to request that a supporting deposition be issued and served on them, or on their attorney when they are charged with any traffic violation. I am an experienced Atlanta criminal defense attorney. If the consequences of a speeding ticket are critical to you, such as you are a commercial driver with a CDL or you are worried about a license suspension, you should contact me to discuss your options. Tip: The Judge could decide to reset your case to a future trial date in order to give the prosecutor another opportunity to get the witness to court. If the officer is not present at that date, then the Judge may grant your motion to dismiss the ticket. In most standard traffic stops the witness is the police officer. This will be the date that the witness will have to appear for. Once you have submitted your waiver of a jury trial, you will likely be given a trial date. Tip: You may want to familiarize yourself with the Judge’s sentencing practices before waiving your right to transfer the case to State Court. If you sign this form, you are waiving your right to transfer your case to Fulton County State Court (or DeKalb State Court). If you request a bench trial, you will be prompted to sign a waiver of jury trial. If you choose a jury trial, your case will be transferred to Fulton County State Court (or in some instances DeKalb County State Court if your stop was in DeKalb County) for a jury trial. If you enter a plea of not guilty, you will often have the option (for most traffic offenses) of choosing a bench trial (judge trial) or a jury trial. This is rarely true in Atlanta.įor the most part, your first appearance is your arraignment, which is an opportunity for you to tell the Judge and prosecutor whether you intend to enter a plea of guilty, or not guilty. Many people assume that if your officer is not present at your first court date, then your ticket will be automatically dismissed. If you are unfamiliar with the sentencing practices of the Judge, or not sure about your driving history, you may want to consult a defense attorney about what could happen after the trial if the Judge convicts you.Ĭall Now For a Consultation: 40 Fighting a Speeding Ticket: Bench Trial or Jury Trial The first thing you should know is that for most traffic offenses, including speeding tickets and stop sign violations, it is possible (however not likely) that you could be facing up to 12 months in jail if you are convicted. However, you do not want to start a trial without researching your options well in advance. It is possible to win a traffic ticket trial in Atlanta.
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