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Originally Posted by kgod999
for those who get railroaded into traffic court anway, this is from georgia. this is where u can bring the constitution in as a defense:
16-1-3.
As used in this title, the term:
(1) 'Affirmative defense' means, with respect to any affirmative defense authorized in this title, unless the state´s evidence raises the issue invoking the alleged defense, the defendant must present evidence thereon to raise the issue. The enumeration in this title of some affirmative defenses shall not be construed as excluding the existence of others.
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Since the raising of any affirmative defense admits the doing of the act, but excuses it for mitigating or other circumstances; and requires the proof of the defense raised by a preponderance of the evidence presented by the defense. Why would you ever want to use it in a traffice case? What part of the Constitution of Georgia or of the United States would act as mitigation or other circumstance? Joseph Sugarman,
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