Home Forums Traffic Stops & Law Enforcement "Super Speeder" Fine in Georgia UPDATE Re: “Super Speeder” Fine in Georgia

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KenB
Participant

My neighbor had the same thing happen last month. We will definitely be filing a challenge to the case and request to remove it to the federal courts. When a person pleads guilty, a court must put the defendant on notice of the penalties. In other words, the plea must be “knowing and intelligent” to be constitutional. The federal court addressed this basic fundamental aspect in Apprendi v. New Jersey several years ago which involved a criminal case but noetheless the same underlying constitutional protections apply. You simply cannot increase the punishment to something the defendant was never informed of. In addition, the second aspect of the challenge we intend to file is a double jeopardy aspect whereas the person’s life, liberty or property is put in jeopardy again, after the guilty plea. Plan of filing the case within next 2 weeks.