Mr. P
04-23-2007, 10:17 AM
Whaaaaaaaaaa! :laugh2:
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CONYERS — A woman upset over the sentence she received for a speeding ticket in Conyers Municipal Court asked the City Council to monitor court activities more closely.
Kim Brock addressed the council at its regular meeting Wednesday night and said she felt the sentence imposed by Judge Terry Massey was “extremely excessive.”
Brock said she was fined a total of $458, ordered to perform 18 hours of community service and six months of probation for speeding.
“I’m not saying it was not within legal limits, but I don’t think it was fair,” she said.
In a letter sent to the council prior to her appearance before the council, Brock said she had four previous speeding tickets with the last one coming in 1999.
She told the council she did not believe that indiscretions from that far in her past should be held against her and that she had been punished for going to court rather than just paying the ticket.
Brock, who works in the DeKalb County court system, said she also believed the maximum sentence allowed by law on the charge should have been $125 and court costs, meaning the maximum would have been approximately $169.
In responding, Massey noted Brock actually had six pervious tickets, including four for driving 63 in a 45 mph zone. Furthermore, the municipal court judge said, because she wanted to enter a nolo contendere plea, which allows a person to be sentenced without admitting guilt, a court appearance was required.
Massey said the fine figures cited by Brock were for a first offense and were not applicable in her case. He also said she was not penalized by coming to court and was granted the nolo plea. He noted, however that he was concerned about the number of tickets she has received and the speeds she was driving at the time.
“We address DUI cases differently now than we did a number of years ago because we recognized it was a serious problem,” said Massey. “I believe driving at excessive speeds has reached the point where it must be looked at in a similar manner.”
Massey said data he has collected indicates that speed has accounted for more fatal accidents in the last five years than alcohol.
“Recognizing this, the court has treated those cases involving higher speeds or individuals with multiple tickets differently than those who are just over the limit or only have one or two tickets in their history,” he said.
Massey conceded he could not remember if the age of the prior tickets was presented in court, but said he would be willing to look at the case again.
“I don’t think there is anything we can do about the community service because it is my understanding it has been completed, but she is certainly welcome to come back, and if there is information that needs to be brought to the court’s attention, we can certainly re-examine the case and the fine imposed,” said Massey.
According to court personnel, the maximum sentence that could have been imposed in Brock’s case is six months in jail and a $1,000 fine.
Court personnel noted the probation period allows individuals time to pay fines and complete community service and cases are closed once conditions of the sentence are completed.
The Municipal Court judge is an appointed position and City Councilman Marty Jones noted that, just as all the other departments of the city, an annual review is conducted of the court.
“No doubt many people who go to court are not happy with the outcome, but that is not the same thing as the court operating improperly,” said Jones. “We do not get involved with the day-to-day business of the court, but we do look at the overall operation and will continue to do that on a regular basis.”
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CONYERS — A woman upset over the sentence she received for a speeding ticket in Conyers Municipal Court asked the City Council to monitor court activities more closely.
Kim Brock addressed the council at its regular meeting Wednesday night and said she felt the sentence imposed by Judge Terry Massey was “extremely excessive.”
Brock said she was fined a total of $458, ordered to perform 18 hours of community service and six months of probation for speeding.
“I’m not saying it was not within legal limits, but I don’t think it was fair,” she said.
In a letter sent to the council prior to her appearance before the council, Brock said she had four previous speeding tickets with the last one coming in 1999.
She told the council she did not believe that indiscretions from that far in her past should be held against her and that she had been punished for going to court rather than just paying the ticket.
Brock, who works in the DeKalb County court system, said she also believed the maximum sentence allowed by law on the charge should have been $125 and court costs, meaning the maximum would have been approximately $169.
In responding, Massey noted Brock actually had six pervious tickets, including four for driving 63 in a 45 mph zone. Furthermore, the municipal court judge said, because she wanted to enter a nolo contendere plea, which allows a person to be sentenced without admitting guilt, a court appearance was required.
Massey said the fine figures cited by Brock were for a first offense and were not applicable in her case. He also said she was not penalized by coming to court and was granted the nolo plea. He noted, however that he was concerned about the number of tickets she has received and the speeds she was driving at the time.
“We address DUI cases differently now than we did a number of years ago because we recognized it was a serious problem,” said Massey. “I believe driving at excessive speeds has reached the point where it must be looked at in a similar manner.”
Massey said data he has collected indicates that speed has accounted for more fatal accidents in the last five years than alcohol.
“Recognizing this, the court has treated those cases involving higher speeds or individuals with multiple tickets differently than those who are just over the limit or only have one or two tickets in their history,” he said.
Massey conceded he could not remember if the age of the prior tickets was presented in court, but said he would be willing to look at the case again.
“I don’t think there is anything we can do about the community service because it is my understanding it has been completed, but she is certainly welcome to come back, and if there is information that needs to be brought to the court’s attention, we can certainly re-examine the case and the fine imposed,” said Massey.
According to court personnel, the maximum sentence that could have been imposed in Brock’s case is six months in jail and a $1,000 fine.
Court personnel noted the probation period allows individuals time to pay fines and complete community service and cases are closed once conditions of the sentence are completed.
The Municipal Court judge is an appointed position and City Councilman Marty Jones noted that, just as all the other departments of the city, an annual review is conducted of the court.
“No doubt many people who go to court are not happy with the outcome, but that is not the same thing as the court operating improperly,” said Jones. “We do not get involved with the day-to-day business of the court, but we do look at the overall operation and will continue to do that on a regular basis.”