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Georgia Traffic Violation Lawyer

Under Georgia law, traffic citations are misdemeanor criminal offenses under the Official Code of Georgia. Because they are misdemeanor offenses, they are punishable by up to twelve months in jail and fines of up to $1,000. You may also be asked to complete a driver improvement course or other classes depending on your age, driving history, and seriousness of the offense. Commercial drivers license holders are held to even higher standards. Consulting an attorney will be the best way of making sure your rights are protected, points on your license are prevented or minimized, and fines are as low as possible. Below, I will discuss a few types of traffic offenses, and how a Georgia lawyer may be able to help you and protect your Georgia driving history record.

Metro Atlanta Traffic Ticket Defense

  • City of Atlanta Municipal Court

  • Sandy Springs Municipal Court

  • Brookhaven Municipal Court

  • Roswell Municipal Court

  • Dunwoody Municipal Court

  • Smyrna Municipal Court

  • Marietta Municipal Court

  • Gwinett County Recorders Court

  • Doraville Municipal Court

  • Chamblee Municipal Court

  • Cobb County State Court

  • Kennesaw Municipal Court

  • Acworth Municipal Court

  • Powder Springs Municipal Court

Commercial Drivers License (CDL) Holders

Georgia CDL holders are held to higher standards under Georgia law and federal regulations. Georgia characterizes many traffic violations as major and serious violations for CDL holders. Violations classified as major and serious traffic violations can result in your commercial drivers license being suspended after conviction. A first violation of a major traffic offense results in a one (1) year suspension of commercial driving privileges. A second violation for a major traffic offense results in a lifetime suspension of commercial driving privileges.

Serious traffic offenses are measured in three-year periods from the date of conviction. A first violation for a serious traffic offense has not disqualification of your commercial driving privileges. A second violation results in a 60 day suspension of your commercial driving privileges. A third and all future violations in a three-year period results in a 120 day suspension of your commercial driving privileges.

Because the state of Georgia and the United States government hold commercial drivers license holders to a higher standard, pleas of nolo contendere that would prevent a drivers license suspension for Class C (Non-Commercial) license holders will not prevent a suspension for Georgia commercial drivers license (CDL) holders.

For more information about Georgia CDL Disqualifications, Suspensions, and Cancellations, go HERE.

Equipment and Document Violations

Equipment and document violations do not carry any points under Georgia law. Equipment violations, like having a headlight, tail light, or turn signal out will not get reported on your Georgia driving history. Equipment violations are some of the most minor traffic violations under Georgia law. Resolution of these traffic offenses generally involves fixing the equipment issue and possibly a small fine.

Document violations are a little more tricky. While they don’t carry any points, they can cause additional issues if the problem is not corrected. Minor document violations like expired tag, expired license, and no license on person can be easily resolved. But lapses in insurance can potentially suspend your drivers license and registration. Convictions for suspended registration, driving without or on a suspended license, and failure to maintain insurance will suspend your license further if you plead guilty to them. These violations usually carry large fines as well. It can be very helpful for you to have an attorney to help you if you are charged with any of these three violations.

Moving Violations

Moving violations almost always carry points under Georgia law. Most moving violations are three point violations. Three point moving violations include but are not limited to following too closely, failure to maintain lane, failure to yield, improper lane change, wrong way driving, failure to obey a traffic control device, and improper turn.

Speeding is also a points violation but the points increase as the speed increases. The points schedule for speeding is as follows:

  • 0-14 mph over the speed limit - 0 points

  • 15-18 mph over the speed limit - 2 points

  • 19-23 mph over the speed limit - 3 points

  • 24-33mph over the speed limit - 4 points

  • 34+mph over the speed limit - 6 points

Georgia drivers are allowed a total of 15 points in any 2 year period. Once 15 points are reached, the drivers license is suspended for a period of 1 year upon the first offense. To reinstate your license at that point you must take a state approved driver improvement course and pay a reinstatement fee. Further suspensions for points result in lengthier periods of suspension. On a third points based suspension in five years it is a two year hard suspension with no limited permit.

Traffic Violations that Will Immediately Suspend Your Georgia Drivers License upon Conviction

A guilty conviction will immediately suspend the drivers license if you are charged with the following violations:

  • Hit and Run or Leaving the Scene of an Accident with Injury

  • Vehicular Homicide

  • Feticide by Vehicle

  • Serious Injury by Vehicle

  • Racing

  • Fleeing or Attempting to Elude

  • Driving Under the Influence

Aggressive driving (six points), unlawful passing of a school bus (six points), and reckless driving (four points) are also serious traffic violations that carry more points than the three points of most moving violations.

Traffic Violations for Drivers under 21 Years of Age

Drivers from 16 to 21 years of age are treated differently under Georgia law. Until the age of 17, Juvenile Court handles all traffic citations. After, cases are handled like they are for adults, in Municipal, Probate, Recorders, or State Courts. There is no ability to plead nolo contendere (or No Contest) if you are under 21. That means there is no way to avoid points on your license by entering a No Contest plea. Also, other citations where a No Contest plea can prevent a license suspension cannot be avoided while you are under 21.

From 16 years of age until 18, any accumulation of 4 points on your drivers license within a 12 month period will cause a suspension of six months from the date the license is suspended. There is no limited driving permit available. To reinstate your license, you must complete a state approved driver improvement course and pay a reinstatement fee. A second points based suspension is a one year suspension from the date of suspension.

Once you are over 18 but under 21 you are no longer subject to the 4 point total in a 12 month period. You have 15 points in a 2 year period, just like adults, but if you are convicted of any 4 point or more violation, your license will be suspended. The suspension rules are the same as from 16 to 18, 6 months on a first suspension, 12 months on a second. But if the suspension was caused by a 4 point or more speeding offense, you may be eligible for a limited driving permit. The decision regarding a limited driving permit will be made by the sentencing Judge when the case is closed.

As young adults are learning to drive, it is important to keep them driving safely, please feel free to reach out any time if you have questions about traffic violations.