Free-For-All Friday 11/6/15
Decatur Metro | November 6, 2015 | 7:09 amFeel free to use this post to make comments and ask questions about local topics not yet discussed here over the past week.
Feel free to use this post to make comments and ask questions about local topics not yet discussed here over the past week.
Forecourt. By Marriott.
Yay rain and power outages!
Last week “DM” discussed getting a citation from DCS about passing a school bus. He said the yellow lights flashed after he was in the act of passing the bus and stopping/slamming on breaks would be more dangerous than continuing forward. He was going appeal/appear. My wife received a citation and had the exact same situation. I’m curious if anything happened with DM or if others have received these citations. Of course there are pictures but nothing proves the yellow lights were on prior to passing the bus (or red lights or stop sign…). It’s obviously the driver’s word vs. the software/hardware that snaps the pictures.
I responded last week with most of this but I’ve dealt with these cases from all sides. First, you lose nothing by contesting it—it isn’t like a traditional case where after trial you could get a worse punishment that you would have if you pled guilty. Second, there is some evidence of the yellow lights being on ahead of time in the video. if you look down at the bottom right of the video, you will see a series of two letter codes and they appear and disappear, indicating their usage.
If you want more information, let me know.
TSB is absolutely correct about the importance of reviewing the video. Call the court to try to arrange to view it ahead of time. They may direct you to the prosecutor or the officer or tell you that it is available for viewing only on the day of court. If possible, though, try to see it ahead of your court day. Don’t necessarily trust the little indicator lights in the corners that are supposed to indicate when the sign was actually activated, but you can take those into account. (If you want to be a devil, make them prove how those indicator lights are activated electronically and linked to the switch the driver throws when he or she triggers the stop sign.)
Watch the video to see, if you can, when the sign swings out and, just before the point that it is fully extended, how fast traffic is going and how close your car is to the sign. If you had time to safely stop, then the citation is likely to be upheld. If it is murky, no telling. If it is clear that there is no way you safely stop, then you have a chance to have it dismissed.
Are the citations triggered by the video a local ordinance violation or is state law cited? i.e., can you demand a jury trial to get it into state court or must they be tried in municipal court?
The school bus law–either via a cop’s eyes or a video camera’s–is a state law–OCGA 40-6-163. It is one of the longer traffic laws for a single method of violation as it comprises the civil punishment for video cases and the criminal punishment.
I can’t speak on the right to a jury….since it is not a criminal case, I would doubt you’d have that right. But you could try and let the municipal court judge tell you no.
You can demand a jury trial for any citation for a violation of state law. The case is then transferred to DeKalb State Court, because the municipal court cannot impanel juries. However, most jurors will just be pissed at you for causing them to miss work and listen to you for a g-d traffic ticket. Besides, if the facts are in doubt, a juror wondering about a citation for passing a bus illegally is likely to err on the side of safety and vote against you. Not every one of them and not any of them always, but most of the Decatur judges are pretty willing to listen to you and even rule your way if you can cross your t’s and dot your i’s.
Much you are missing here. First, just because you demand a jury trial doesn’t mean you have to have one. The case gets accused and starts over with a new judge and new prosecutor. The state court prosecutor may be much more likely to want to get rid of the case and not try it themselves. So you might get a better deal on an amended charge (e.g. too fast for conditions). And if you want to fight it through motions on legal grounds, technically you MUST do that in state court because a municipal court judge doesn’t actually have the authority to hear that. Even if he or she did, you’re almost always better off in front of a “real judge” who is more likely to know the law and care about legal standards. Finally, with Judge Carriere gone (RIP), I’ve noticed the current Decatur muni court judges to be MUCH less willing to actually listen and be fair.
All that is probably moot here anyway. 40-6-163 IS state law, but violation of it subjects you only to a civil fine. No possibility of jail and it’s not a misdemeanor. So unless the law has changed recently, municipal court would probably be correct in saying they have the authority to keep these cases and that you are not necessarily entitled to a jury trial.
Just my $0.03…
Hi all – thanks for building on last week’s FFAF thread. Since Smithers asked about my situation, I thought I’d reply. Basically, I’m in a holding pattern for the next month or so. Per the notice of violation, I must wait until the payment due date has passed to receive a court summons. Looks like there’s no way to expedite that process unless I’m appealing on other grounds (i.e., car stolen or sold prior to violation date). If anyone knows differently, please advise!
I don’t get this. It’s a school bus, people. If the OP didn’t have time to react to the flashers and/or sign, he was either too close to the bus or going a little too fast. If you see a school bus, it’s common sense to slow down and keep your distance. You’ll get where your going. I for one hope the citation is upheld.
Anyone recommend a good, and local, upholstererererer? Thanks.
Metro Upholstery, 5280 Buford Hwy NE, Doraville, GA 30340 (some old websites list his earlier 2895 Buford Hwy address). Phone:(404) 634-9659
Mr. Kim picked up and delivered. I had an old club chair re-upholstered in leather. He recommended the leather seller, and I got wholesale pricing thru Mr. Kim. Latest review (Sep 2015):
I’ve had several pieces reupholstered by Metro in the last several months. They are located on Buford Hwy in chamblee just inside the perimeter. They are significantly less than the other guys around this area, and have done FANTASTIC work for me! Mr. & Mrs. Kim are a delight to work and a valuable source of advice on the best types of fabrics for my antique furniture, care of fabrics, etc. I couldn’t recommend them more highly!!
Custom upholstery (across from Kudzu / YDFM). We’ve had a couch, chair, and the seats in our car redone there and each time the job was done perfectly and at a very reasonable cost.
From the looks of the trim repairs this week, it appears that Harken Health is keeping the Ruby Tuesdays facade. “For reals” as one of my kids would say …
For realz. They would say for realz. Not for reals. Correct spelling is for dweebs. I mean dweebz.
k1d5 7h353 d4y5. n0 r35p3c7 f0r 7h3 l4n6u463, 1 73ll y0u wh47.
H8ers gonna H8.
This will be my new password for my bank account.
guess i’m getting old – could not translate all of it!
k1d5 7h353 d4y5. n0 r35p3c7 f0r 7h3 l4n6u463, 1 73ll y0u wh47
Kids these days. No resepect for the language. I tell you what.
7h4nk5!
Just took a long walk around the neighborhood and noticed that ALMOST all of the campaign signs are gone. Congratulations to the majority who have dutifully removed theirs, and a nudge to those who haven’t.
I was working from home on Wednesday, and I notice a couple of guys collecting all of Tony Powers’ signs. I can only assume he hired them. Or, they are really, really big fans of his.
Maybe he picked them up in the Home Depot parking lot for some daily labor.
Definitely. Those Tony Powers’ supporters are great at picking up signs. I spotted a lady in a Tony Powers shirt removing Scott Drake signs on the morning of the election. (which really makes no sense…)
I’m going to finally take down my Halloween decorations this weekend. Apologies to my neighbors.
Neighbor needs squirrels trapped in attic space, plus carpentry to block access thru rotten board. Any recommendations?
Hopefully you mean he needs to get rid of squirrels trapped in the attic.
Confused? Actually the squirrels aren’t trapped (yet) – they are having a party in the attic!
Ahh . . . He needs the squirrels that are in his attic trapped. I see. I find it much funnier if you read the post the way I initially did.
We have used Crocodile Dave to get bats, rats, and yellow jackets out from under our roof. I would imagine that they would do an equally fine job with squirrels.
Of all the things we learned from this week’s election, I hope the one that sticks is that Decatur residents are not interested in negative campaign ads, flyers or mailers. We live in a small town. If you’re gonna run for office, try doing so without insulting our neighbors in the process.
This goes for the candidates AND former mayors!
Agreed. Seemed like at least one person’s platform was pretty much “I’m not a joiner, I’m not into civic stuff, I’m sick of those that are, so vote for me.” He might be a great guy but that came off a little harsh for a city with under 21K people. The negative fliers as well. To go so negative in a small town election makes you look a little too needy for my vote.
Yes, that person referred to “checking the boxes” of public service dismissively, and used profane insults on a web site that ends with -ish. Very classy.
He kept offering to take everyone out for a beer. Did anyone take him up on that?
Whaddya mean? He got 15% of the vote !
Thanks JC. Self censoring* for the time being. Hope to respond before the closing hour.
*One of the benefits of being part of the current Decatur Police Academy and my new mentor.
I noticed that after Halloween someone had placed two pumpkins in his/her recycling bin. Which brings me to a related concern: just walking past people’s bins, I see a lot of food-contaminated containers, wrappers, and other nonrecyclables that contaminate a lot of what would otherwise be recyclable. Also, when wet, paper and cardboard are no longer recyclable. I think it’s time for a broad re-education–and also covered bins. All of us would benefit from a refresher, and some of us need basic training. (And yes I do know that much of what we have understood to be recyclable cannot in fact be recycled.)
Man doing a Google fiber survey in my Decatur residential neighborhood today!
Mine, too. I asked him if he knew when service might be available and he said, “Probably about two years.” Not the answer I wanted.
What date is the Waldorf Holiday Sale? My daughter wants to go. The signs say Saturday, November 9, a date which doesn’t exist this year. Is it Saturday the 7th or Monday the 9th?
Decatur needs business to help with taxes. Rio Cir. desires to be annex to Decatur so , why aren’t the City
commissioners letting A.E try again to annex this area. I hope the new city commissioners take the appropriate action immediately and annex this important tax producing area
I had to leave early this morning and so did not get the chance to read today’s Wall Street Journal. Had I taken the time to glance at the front page, I would have known that today is “Love Your Lawyer Day”. I could nominate my brother in law David Hoffman, Illinois public defender extradinaire (retired unfortunately for all those in need of capital offense legal help) or Mr. Tom Stubbs, long-time Decatur resident, current municipal judge and outstanding parent but of all the many fine lawyers in our town, maybe the greatest is retired Georgia Supreme Court Judge George Carley. Many Decatur citizens may not be aware that Judge Carley graduated from Decatur High (and later UGA- Go Dawgs!) and has lived much of his life in our great city. Throughout his career, he served with distinction and retired a few years ago as Chief Justice. Thank you Judge Carley for your service to the City of Decatur and the Great State of Georgia!
Are there any other fine Decatur lawyers the FFAF crowd would like to recognize?
Now to conclude on a completly different topic, one that has nothing to do with “Love Your Lawyer Day”. You may enjoy a little night music on YouTube, “Lawyers In Love” (Sorry. You got to google it)
Count me as not knowing that Justice Carly is from/lives in Decatur. He was such a great supporter of the Young Lawyers Division of the State Bar- he really made a big impression on generations of Georgia lawyers.
Sorry Ol’Miss. Was pulling for the Deep South but that’s the way the flea flicka crumbles.
Now on to the Big Show- LSU v. Alabama.
Not that I’m trying to stir the post election harmony but what’s up with the FFAF crowd and SEC football? Smart growth, annexation and bond love are like ok (only after drinkin’ George Dickle of course) but doesn’t anybody in Decatur want to yell GO DAWGS, ROLL TIDE or GEAUX TIGERS on the front porch on Saturday night???!!!
I will speculate that Decatur today is more of an ACC kind of crowd