Traffic Violation Lawyer Serving Georgia
According to the Encyclopedia of Everyday Law, “the first traffic ticket in the United States was allegedly given to a New York City cab driver on May 20, 1899, for going at the breakneck speed of 12 miles per hour.”
Today, we have a myriad of local, regional traffic laws that vary from state to state, and violations may cost you far more than a fine and court costs. Georgia uses a point system for violations of traffic laws. The points you accumulate not only affect your driving record and car insurance, but you also can lose your driver’s license; and depending on the circumstances, you might end up in jail.
Operation of motor vehicles on Georgia highways often leads to many violations of traffic laws. Speeding, moving violations, driving under the influence of alcohol or drugs (DUI), hit and run, vehicular manslaughter, driving without a license and reckless operation are only a few instances.
Traffic violation convictions in Georgia in a combination of the following:
- Increased insurance rates
- Jail or prison sentence
- Suspension of driver’s license
- Vehicle confiscation
- Ignition lock device installation
- Alcohol abuse assessment & treatment
- Criminal record
- Job loss
- Community service
Speeding and other minor traffic offenses may result only in fines; however, in Georgia they are also criminal offenses. Repeat offenses carry the stiffest penalties, as do accidents that lead to death, and drunk driving charges such as driving under the influence (DUI).
At the Law Office of Paul Ghanouni, in Cherokee County, we regularly assist clients with a full range of traffic citations from DUI to speeding and moving violations, as well as charges filed in connection with traffic accidents and license suspensions.
When you are charged with a traffic violation in Georgia and your freedom to drive is curtailed, your job is in jeopardy, and you are facing potential jail time, call our law firm at 770-720-6336 to arrange an appointment and learn how we can help.
Georgia Traffic Violations
Georgia Code for traffic violations sets the assessed points for each driving offense as follows:
|Aggressive driving||6 points|
|Reckless driving||4 points|
|Unlawful passing of a school bus||6 points|
|Improper passing on a hill or a curve||4 points|
|Exceeding the speed limit by more than 14 miles per hour, but less than 19 miles per hour||2 points|
|Exceeding the speed limit by 19 miles per hour or more, but less than 24 miles per hour||3 points|
|Exceeding the speed limit by 24 miles per hour or more, but less than 34 miles per hour||4 points|
|Exceeding the speed limit by 34 miles per hour or more||6 points|
|Disobedience of any traffic-control device or traffic officer||3 points|
|Too fast for conditions||0 points|
|Possessing an open container of an alcoholic beverage, while driving||2 points|
|Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway, which results in an accident||2 points|
|Violation of child safety restraint requirements, first offense||1 point|
|Violation of child safety restraint requirements, second or subsequent offense||2 points|
|All other moving traffic violations which are not speed limit violations||3 points|
The Code also provides that commissioner shall suspend the driver’s license of any person who has accumulated a violation point count of 15 or more points in any consecutive 24-month period will be suspended. At the end of the period of suspension, the violation point count shall be reduced to zero points.
Under 21 Years of Age Suspension
In Georgia, the driver’s license of any person under 21 years of age convicted of any of the following offenses shall be SUSPENDED:
- Hit and run or leaving the scene of an accident in violation of Code Section 4-6-270.
- Racing on highways or streets.
- Using a motor vehicle in fleeing or attempting to elude an officer.
- Reckless driving.
- Any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57.
- Unlawful passing of a school bus.
- Improper passing on a hill or curve.
- Exceeding the speed limit by 24 miles per hour or more.
- Purchasing an alcoholic beverage.
- Driving under the Influence.
- Aggressive Driving, Code Section 40-6-397. (Item #5)
- Misrepresenting age for purpose of illegally obtaining any alcoholic beverage (3-3-23 (a) (3)).
- Misrepresenting identity or using false identification for purpose of purchasing or obtaining any alcoholic beverage (3-3-23 (a) (5).
- The driver’s license of any person under 18 years of age who has accumulated a violation point count of four or more points within any 12- month period.
Frequently Asked QuestionsWhat should I do if I am arrested?
The moment you are placed under arrest, constitutional rights protect you. The only thing you have to say is, “I want to speak with an attorney” or “I have nothing to say now.”
When you are in police custody, under the Miranda Rule, you must be informed of specific constitutional rights before you are interrogated. Your rights are:
- The right to remain silent
- The right to have an attorney present during questioning
- The right to have an attorney appointed if you are unable to afford one
Why It Is Important To Remain Silent Until You Retain An Attorney
Police do not have to read your Miranda rights, until they arrest you, and can question you before taking you into custody. Anything you say before an arrest can be used against you later in court and anything you say after arrest may be used against you if a court determines that it is not the product of police questioning.
Additionally, many police vehicles and interrogation rooms have recording devices. Even if you believe you are alone or think the only other person there is someone with whom you were arrested, you need to understand that you may still be recorded and those statements could be used against you. Your decision to tell the police that you do not want to answer any questions or speak to them cannot be used against you in trial.
How we help You
We help to minimize the impact that the accusations against you have on your life by creating a customized plan that best serves you.
We do not offer one size fits criminal defense.
We help protect the futures of Georgia teens and young adults accused of crimes.