What to Expect at Your First Court Date in Traffic Court in Georgia
Traffic tickets, traffic citations, and traffic offenses are misdemeanor criminal offenses in the state of Georgia. Codified in Title 40 of the Official Code of Georgia, the maximum punishment for all traffic offenses is 12 months in jail and/or a fine of up to $1,000. While most Georgia traffic charges will be punished by only a fine and points on your Georgia drivers license, there are other traffic charges like driving under the influence (DUI), driving without a license, driving while license suspended, and fleeing and eluding that carry mandatory jail time under the Georgia law if convicted of the offense as charged. Additionally, a number of traffic offenses including all of the aforementioned charges as well as hit and run, racing, no insurance or no proof of insurance, and operating a motor vehicle while your registration is suspended will suspend your Georgia drivers license or privilege to drive in Georgia (if you live out of state) upon conviction. Traffic offenses can and are serious crimes in Georgia and while only the most severe charges will go n your criminal history, they can and will affect your driving history, insurance rates, and will make it more difficult to resolve future traffic citations.
This blog will serve to educate you on what happens at your first court date for traffic court in the State of Georgia. This is a general blog, meaning it is based on a totality of experiences. Every courthouse handles matters in a different manner, but this should give you a general idea what to expect before you arrive at court that day.
If you fail to appear at your court date, the court can issue a bench warrant for your arrest and tell the Georgia Department of Driver Services for failure to appear in court as directed. It is your responsibility to reach out to the court if you need to reschedule your date. It is your responsibility to notify the court if there is an emergency. Requesting a rescheduled date or notifying the court does not mean that you are excused from court. Until you have written confirmation that your court date has been rescheduled or will be rescheduled, assume any absence is a failure to appear.
Dress appropriately. Most courthouses have dress codes which require long pants or skirts (no shorts), covered shoulder, and close-toed shoes. Failure to abide by the court’s dress code could result in you failing to appear in court as scheduled.
Arrive to court on time. A good rule of thumb is to be at the courtroom 15 minutes before your scheduled court appearance. Remember, it takes time to park, go through security, and get to your courtroom. I have seen Judges lock the doors at the start time of court and either mark people as failing to appear or making them wait until the end of court for their case to be heard.
Bring any documents you have that might help your case with you. If you are charged with expired tag and you have proof the tag was renewed prior to the date of the citation, bring that proof with you. If your tag is no longer expired, bring that proof with you.
Make sure your phone is on silent, and turn off your phone if instructed to do so by courtroom staff.
Some courts have sign in sheets when you arrive. Sign in if one is available.
There are typically 5 options to resolve your case when called upon by the Judge. When the Judge calls your name, stand, and let the Judge know how you want to plea. Your five choices are almost always:
Not Guilty - Jury Trial - Your case will be docketed for a jury trial. In most Georgia traffic courts that means moving the case to the State Court of the county in which the offense occurred.
Not Guilty - Bench Trial - Your case will be docketed for a trial with the Judge your innocence or guilt at a later date. Your first day in court will not be the day you have a trial.
Pre-Trial - An announcement of pre-trial, or I want to speak to the solicitor, will allow you to speak with the solicitor to discuss your case. Remember, any discussions made with the solicitor can be admissions of guilt that can be used against you later. But speaking with a solicitor may help you save points on your drivers license, avoid a license suspension, or reduce the fine amount in your case. Occasionally your case will be reset for further investigation or to obtain documents after speaking with the solicitor.
Guilty - Guilty means you are guilty of the offense as cited and you want to finalize your case through a plea of guilty. After entering the guilty plea, the Judge will issue punishment.
Nolo Contendere - Nolo Contendere, no contest, or nolo means that you understand the nature of the charge and want the case to be finalized but instead of admitting guilt you are telling the court you do not contest the charge. A nolo contendere plea is accepted at the discretion of the Judge. It can avoid points on your drivers license or a possible license suspension if you are eligible. You must be 21 to enter a no contest plea in Georgia. You are eligible to enter a no contest plea once every five years.
Drivers under 21 have additional considerations to take into account before resolving their case. From 16-18, drivers will face a license suspension if they accumulate 4 points or more on their Georgia drivers license. From 18-21, any 4 point violation will cause your license to be suspended. I recommend a pre-trial with the solicitor in almost every situation for a driver under 21.
If you choose to close your case and cannot make payment in full of the fine for your Georgia traffic ticket, you will be placed on probation. Probation is generally “pay only” until your fine has been paid but there are probation supervision fees that will be added to your fine payment. If you would like to know approximately what a fine is going to cost you, you can call the clerk’s office of the court you are going to appear and ask them if they can give you the total fine amount in advance. They may not be able to tell you with 100% certainty, but they should be able to give you an estimate of the total fee.
Traffic court is real court. The rules of evidence apply in traffic court just as they do in the most serious felony offenses. You can be held in contempt of court for disturbing the court.
Court takes time. Judges know you have other things to do. They are doing the best they can to get you in and out of court as quickly as possible. They also want to make sure every case is treated fairly and with the respect it deserves.
Additional Resources: Do I need a Lawyer to Help with My Georgia Traffic Ticket?
Court can be a scary place if you are not used being in courtrooms every day. It is okay to be nervous. Hopefully this information has helped a little. If you have any questions about appearing in traffic court and would like to discuss them further, please feel free to call or text me at 678-753-6431. I would be happy to answer your questions for you.
