Traffic citations and insurance...new to GA (crime, home) - Atlanta - Georgia - City-Data Forum

neil0311 · 10-19-2007, 09:32 AM

So while driving home last night, I passed an area where Cobb Co PD is always sitting, in the dark, with their lights off, clocking drivers and pulling them over. People pass me and flash their headlights. After I passed the cop watching traffic, I flashed my lights at an oncoming car. Only problem was that it was a cop who didn't take kindly to my interfering with his revenue enhancement activities (although he would probably say it's about safety...right). I was also traveling well below the posted speed limit. I'm grateful to know that I live in a county where crime must be so low that 2 cruisers can stay posted on this road all night pulling folks over for things like "failure to dim headlights".

So he pulled me over and actually gave me a ticket for "failure to dim headlights" which is sec 40-8-31 of the GA code. All the stereotypes of GA cops and speed traps was just validated for me. My question for anyone who knows is:

If I just take the path of least resistance and pay the ticket, will this ticket show up on my record and cause my insurance rates to increase? Normally, I would fight something like this, but if it's just going to cost me a few bucks without points or insurance impact, then I may just chalk it up to a cop with nothing better to do.

Twinkletoes · 10-19-2007, 09:44 AM

Not sure about the insurance, but what do you hope to accomplish by fighting the charge? You just admitted that you did in fact flash your headlights - were you going to say that you didn't in court? This cop sounds like the type that would actually show up for the court date, so I bet it won't get thrown out for that.

neil0311 · 10-19-2007, 09:59 AM

Quote:

Originally Posted by Twinkletoes

Not sure about the insurance, but what do you hope to accomplish by fighting the charge? You just admitted that you did in fact flash your headlights - were you going to say that you didn't in court? This cop sounds like the type that would actually show up for the court date, so I bet it won't get thrown out for that.

First, thanks for answering my question or not. Next, I've already said that I'm considering just paying the ticket if there isn't any impact. The reason that I would fight it is because it's bogus and could cost me $$$ long term. Yes, I flashed my lights, but I didn't fail to dim them. They were dimmed within a second. The real issue here is the cop taking a personal afront to what he perceived as my interference. If his overreaction (which is exactly what it is) has the consequence of costing me hundreds of dollars over years, then I'm fighting. Police exist to safegaurd our public safety, not the county's wallet.

JPD · 10-19-2007, 10:13 AM

Quote:

Originally Posted by neil0311

Yes, I flashed my lights, but I didn't fail to dim them. They were dimmed within a second.

If I'm not mistaken, it is illegal to signal other drivers by flashing your lights.

wxjay · 10-19-2007, 11:18 AM

Quote:

Originally Posted by JPD

If I'm not mistaken, it is illegal to signal other drivers by flashing your lights.

I doubt that - cops do it all the time for people who don't have their headlights on.

JPD · 10-19-2007, 12:16 PM

Quote:

Originally Posted by wxjay

I doubt that - cops do it all the time for people who don't have their headlights on.

I can't remember where I heard that. It was defintiely illegal in some states a while back, but in New York, and perhaps other states, it was overturned by an appeals court.

Regardless of legality, there's a big difference between signaling people to turn on their lights (doing something in the interest of public safety) and signaling people because there's a speed trap ahead (doing something in defiance of police business).

neil0311 · 10-19-2007, 12:44 PM

Quote:

Originally Posted by JPD

Regardless of legality, there's a big difference between signaling people to turn on their lights (doing something in the interest of public safety) and signaling people because there's a speed trap ahead (doing something in defiance of police business).

Right, but we go down a slippery slope when we start giving people tickets based on their perceived intent. The infraction should be an action, not a thought or intent. I understand that the cop was pissed because he didn't want someone giving away the game. I just can't see how can he legally make the leap to say he knows for certain that was my motive, versus I just accidently hit the column or maybe I was checking to see if my lights were dimmed because a car was coming.

Now back to my question... anyone know if 40-8-31 "failure to dim headlights" is a moving violation and whether your insurance will see it on your record?

bfa · 10-19-2007, 12:53 PM

Quote:

Originally Posted by neil0311

Right, but we go down a slippery slope when we start giving people tickets based on their perceived intent. The infraction should be an action, not a thought or intent. I understand that the cop was pissed because he didn't want someone giving away the game. I just can't see how can he legally make the leap to say he knows for certain that was my motive, versus I just accidently hit the column or maybe I was checking to see if my lights were dimmed because a car was coming.

Now back to my question... anyone know if 40-8-31 "failure to dim headlights" is a moving violation and whether your insurance will see it on your record?

I'm originally from GA, and my sister worked for a police dept there a few years ago. I'm quite sure it's a moving violation. I'd suggest calling the GA DMV, but good luck getting to actually speak with anyone. Other than that, call a random insurance company, and just ask. They should know.

gt6974a · 10-19-2007, 12:58 PM

http://www.dds.ga.gov/business/2007_TrafficCourtRM.pdf

page 15 is your violation

page 52-53 are descriptions of points given.

Being that yours is 40-8... and not 40-6 (see pages above) I believe it's just a fine, no points, like a no seat belt ticket.

If it is points, it would be 2 or 3 points.

Here in Georgia is mainly up to your insurance company on how they charge you. They DO NOT GO by Georgia's Points System for your license. They go by your MVR, i.e. you can plea a speeding ticket no-lo, get no points on your license but it still goes on your MVR and if/when they pull your MVR they may or may not change your rates.

I'd just call your insurance company and ask how that ticket would effect you, if any. Again I think this is just a fine an no points.

In Cobb, you can wheel and deal in court. i.e. if you went to traffic court they might throw it out, they may reduce the fine, etc. I wouldn't waste a no-lo on it though. You need 15 points in a consecutive 24 month period to lose your license.

neil0311 · 12-16-2007, 01:35 PM

Quote:

Originally Posted by gt6974a

http://www.dds.ga.gov/business/2007_TrafficCourtRM.pdf In Cobb, you can wheel and deal in court. i.e. if you went to traffic court they might throw it out, they may reduce the fine, etc. I wouldn't waste a no-lo on it though. You need 15 points in a consecutive 24 month period to lose your license.

Just an update. Went to court and after a short discussion with the Solicitor about pleading guilty to a technicality and a reduced fine, I went before the Judge and explained what happened, and he dismissed the ticket completely. He laughed and told me to just "be more careful in the future". It sounded as if this wasn't the first time cops had wasted his time with bogus headlight tickets for flashing high beams near speed traps.

To all those in Cobb, I would agree completely that it is a very prudent step to go to court and discuss the ticket with the Solicitor at arraignment. From what I saw they will plea bargain it down and you can end up with a lesser charge and lower fine.