In my position as Fayette County Solicitor General, I am aware that after my dealings with defendants in criminal and traffic cases in the Fayette County State Court, not everyone leaves court happy with the outcome.

It isn't my goal nor desire to try to make everyone happy. I, however, do my utmost to ensure justice is served, and everyone's rights are protected, both defendants and victims, and that everyone is treated fairly. Public trust in the process, and the system is fundamentally important. Therefore I cannot and will not sit idly by and ignore the headline, “Unkind justice over F'ville Pavilion speeding ticket?”, which appeared on page 5A of The Citizen on June 30, 1999. I write to give you the rest of the story.

Mr. Mike Winfrey appeared in the Fayette County State Court on June 3, 1999. He pled not guilty to speeding 68 mph in a 45-mph zone on Ga. Highway 85, just north of Pavilion Parkway. The Fayetteville officer testified professionally as to how he obtained an accurate reading on Mr. Winfrey's speed. Mr. Winfrey testified that although he thought the speed limit was actually 55 mph, due to not seeing a speed limit sign, he intentionally was speeding. He set his speed control at 65 mph. He didn't contest the speed obtained by the officer.

Judge Fletcher Sams told Mr. Winfrey that he understood his argument, had some sympathy for his situation. He thus found Mr. Winfrey guilty of only speeding 68 mph in a 55-mph zone, a break of 10 mph in Mr. Winfrey's favor.

At this time I introduced evidence to the court that within the past two years, Mr. Winfrey had two additional speeding convictions, as well as two additional speed-related collisions, where he struck innocent citizens from behind, and was convicted for following too closely. When confronted with such an aggressive driving history, to which Mr. Winfrey admitted, he was sentenced to a $500 fine, and 12 months of probation, with the condition that he not again speed during the 12 months.

In the State Court of Fayette County, we are aware that in 1997, in Georgia alone, motor vehicle crash fatalities outnumbered homicide victims by almost three to one (1,584 vs. 563). It must also be noted that speed more than tripled the risk of a crash being fatal as compared to any other factor.

Justice is the fair and equitable administration of our laws, based upon truth, fact, and reason, including one's past conduct or pattern of behavior. Whenever I enter court, I seek justice not just for the accused, but for the citizens of Fayette County. Their interests must be protected.

Four other courts in the past two years have failed to sufficiently focus Mr. Winfrey's attention upon the problem of his aggressive driving behavior. I am satisfied that the State Court of Fayette County can keep him properly focused.

Steven L. Harris
Solicitor-General
State Court of Fayette County

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