You Have Two Opportunities to Successfully Resolve Your Fulton County Traffic Ticket
Many people do not know that Fulton County traffic citations are criminal misdemeanor offenses under state law. While many states do not criminalize every traffic offense, Georgia make every traffic offense a criminal misdemeanor offense under Title 40 of the Official Code of Georgia. Just because these traffic citations are criminal offenses, does not mean that every one will create a cycle on your Georgia criminal history. Your criminal history is tracked by your fingerprints. If you were not fingerprinted for the traffic offense either at the time of the incident or at a court appearance, it will not appear on your criminal history.
There is a benefit of criminalizing traffic offenses and that is any offense punishable with jail time gives the person being charged the right to a trial by jury. This jury trial right gives people facing Fulton County traffic citations a second opportunity to successfully resolve their case if they cannot do so in one of Fulton County’s 14 major municipal courts.
The 14 municipal courts of Fulton County are broken up into the 5 North Fulton cities of Sandy Springs, Roswell, Alpharetta, Johns Creek, and Milton; and the 8 South Fulton cities of College Park, East Point, Union City, Fairburn, South Fulton, Hapeville, Chattahoochee Hills, and Palmetto. In the middle of Fulton County is the City of Atlanta and the City of Atlanta Municipal Court which is the largest municipal courthouse in the Southeast. Fulton County traffic violations which occur inside the city limits of each of these municipalities will have their first appearance in court in that city’s municipal court.
What to Expect When You Appear in Fulton County’s Municipal Courts
Your first appearance in municipal court for a traffic citation is solely going to be for arraignment. You will not have a trial at your first appearance in court. You should also not expect your officer to be there or that your citation will be dismissed at first appearance if your officer is not present.
Arraignment is a legal process where the court notifies you of your charges. You usually have 6 options at your arraignment. The first two are that you can plead not guilty and ask for a bench trial (where the municipal court Judge decides your innocence) or jury trial (with 6 members of the community in the Fulton County State Court decide your innocence). The next option is you can request a continuance to hire an attorney and that request will usually be granted if it is your first appearance in court. You also have the option of a pre-trial with the solicitor where you can try and get the charge/fines/requirements reduced. However, remember the solicitor is the attorney for the city, and anything you say can be used as an admission against you. Your final options are to resolve the case through either a guilty or nolo contendere (“no contest”) plea.
Most traffic citations will result in only a fine, however some more serious traffic violations may require a defensive driving course, community service, and other classes. Finally, there are a few traffic citations, such as, but not only, driving while license suspended, driving without insurance, driving on a suspended registration, driving without a license, hit and run, DUI, and others. Under 21 drivers may also be at risk of license suspension for other less serious traffic violations such as four point violations and multiple traffic violations in a short period of time.
How Can a Fulton County Traffic Ticket Attorney Help
Fulton County traffic ticket lawyers can negotiate with solicitors, help you understand your options as far as resolving your Fulton County traffic citation and how each Fulton County traffic citation will impact your driving history. A Fulton County traffic citation lawyer can appear for you at most court appearances saving you time, money, and days missed from work. If you cannot resolve your case in municipal court, an attorney can track your case for you as the address on your drivers license or citation may be an old address and you may fail to appear in court if you do not receive notice to appear in Fulton County State Court. They can also help you understand all the evidence in your case, including all the strengths and weaknesses of the prosecutor in their attempt to prove you committed the cited Fulton County traffic violation beyond a reasonable doubt.
If you have any questions regarding traffic tickets in any of the Fulton County municipalities, please call me at 678-753-6431 for a free consultation. I will take the time necessary to explain your citation to you and how I may be able to help. I look forward to hearing from you.
