Speeding – Don’t Just Pay It! When you pay the ticket, you plead guilty and your insurance company is notified. This results in a hidden cost: HIGHER INSURANCE PREMIUMS FOR THREE YEARS. According to the Georgia Legislative Code, “no person shall drive a vehicle at a speed greater than is reasonable” (40-6-180). Speeding tickets carry points that are assessed on your Department of Motor Vehicles Record—the higher the speed then the higher the points. Suspensions related to point accumulation apply to drivers of all ages:
Younger than 18: license suspended after 4 points within 12 months
Younger than 21: license suspended for committing any violation worth 4 points
21 years old or older: license suspended for accumulating 15 points in 24 months
Reported tickets NEVER DROP OFF YOUR RECORD. Let us go to court for you and get your ticket reduced to a zero-point, non-reporting offense. It’s easy and it’s not expensive! One call and we take care of everything else. Call us at (770) 795-7751.
10 Things You Probably Didn’t Know About Georgia Speeding Laws:
Radar Guns must be tested Daily
Police can only use State Approved Speed Detection Equipment
Radar Guns must each have a certificate of inspection and calibration
Radar Operators must have a license
Tickets can’t be issued if the road grade is 8% or more
Tickets can’t be issued if the radar operator isn’t clearly visible from 500 feet
Tickets can’t be issued within 300 feet of a speed reduction inside city limits and 600 feet outside city limits
Municipalities and Counties must apply for a FCC radio frequency license to use radar
The radar device operator must be present in court for trial
Laser devices shoot a small beam of light the size of a pinhead (think accuracy)
Super Speeder Fines: Watch Out! Georgia Super Speeder Law increases the fines by $200.00 for any ticket where your speed is 85 miles per hour on an interstate or 75 miles per hour on any 2-lane road. The prosecutor won’t tell you and there is no warning from the court or police department handling the ticket, but shortly after you plead guilty, you’ll get a bill in the mail for $200.00. Failure to pay gets you a suspended license. If your license is suspended in Georgia due to non-payment of the Super Speeder fee, you must pay a $50.00 reinstatement fee in addition to the $200.00 Super Speeder fee in order to reinstate your license. Here is a link to Georgia’s Department of Driver Services website answering many frequently asked questions relating to the Super Speeder Law. Let us go to court for you. We’ll get the ticket reduced so you won’t have to pay the Super Speeder Fine.
Hit and Run is sometimes referred to as “Duty of A Driver.” Hit and Run is actually three different laws: leaving the scene after striking an occupied vehicle, leaving the scene after striking an unoccupied vehicle, and leaving the scene after striking a fixed object. According to the law, the driver involved in any accident resulting in injury of a person or damage to a vehicle must immediately stop their vehicle at the scene. This is a serious traffic offense that can result in arrest, license suspension, and habitual violator status. It can also be charged as a felony offense if a person is injured. Most cases start out as a violation of the first and most serious Hit and Run Offense O.C.G.A. 40-6-270. Never plead guilty to this first Hit and Run statute as you will lose your license! However, either by reducing the charge to one of the other Hit and Run statutes or by entering a special plea such as Nolo Contendre, we can keep you out of jail and save your driver’s license. Call a lawyer immediately if you believe you may be a suspect or you believe that you might be arrested for Hit and Run. Most often, the only evidence used to obtain a conviction is a person’s own statements.
Habitual Violator – It is a felony if you drive without a license after being certified a Habitual Violator. It is also a felony if you are charged with DUI while being on a habitual violator probationary permit. If you are designated a Habitual Violator, you are subject to arrest for offenses that non-violators cannot commit. You can be certified a Habitual Violator by committing three serious driving offenses within a five year period. These offenses include DUI, homicide by vehicle, any felony in the commission of which a motor vehicle is used, hit or run or leaving the scene of an accident, racing on highways and streets, using a motor vehicle in fleeting or attempting to elude an officer, and fraudulent or fictitious use of or application for a license. The Habitual Violator statute is extensive and complex. The first defense to Habitual Violator charges is to attack the certification and notice requirements of Habitual Violator status. Many people do not realize that they can object to and contest an attempt to be certified as a Habitual Offender. Check out our blog to view a defense motion based upon invalid certification.
Suspended License / Suspended Registration /No Insurance – Suspended license or registration and No insurance is a serious offense. You will be arrested and forced to post bond. These offenses carry additional license suspension and a jail sentence. Our goal is to get your charge dismissed and your license reinstated. We have represented hundreds of people charged with license and insurance violations and we’ll get you out of the suspension circle and get you legal to drive!
Move Over Law. The new Georgia Move Over Law is based on good intentions (protecting police officers), but it has resulted in thousands of illegal charges and prosecutions. The law requires motorists approaching any emergency or recovery vehicle on the side of the road to move over to the next lane or to reduce speed and be prepared to stop. But the law also says that motorists should do so only if it is reasonably safe to do so. A violation of this statute can result in a $500 fine. The Semrau Law Firm has NEVER lost a “move over” case. We have found that police officers write tickets when a motorist doesn’t move over to the next lane, giving no consideration for whether moving over was a safe choice or whether a motorist slowed down to pass.
Improperly Passing a School Bus is a six point ticket and requires a court appearance. Passing a stopped school bus is illegal, even if it is stopped on the opposite side of the roadway. Fines are very high and prosecutors often require community service, probation, and defensive driving classes. Most people don’t know that Georgia Law requires school buses to be equipped with an extensive series of lights and signs and that NO SCHOOLBUS IN THE METRO ATLANTA AREA IS IN COMPLIANCE WITH THE LAW. Also, the School Bus law excludes stopping when it is not safe to stop and when there is a median dividing the roadway.
Aggressive Driving is a six point ticket with monetary fines as high as $1,000, which also requires a mandatory court appearance. It is defined as “operating a motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person.“ Aggressive driving behavior includes weaving in and out of traffic, changing lanes without signaling, passing in no-passing zones or emergency lanes, forceful merging, failing to yield, cutting off other drivers at close range, speeding, inappropriate gesturing, inappropriate use of horns, flashing headlights, and tailgating. Aggressive driving does not need to target another driver. Instead, aggressive driving could be directed at pedestrians, passengers in other vehicles, and passengers in the vehicle driven by the defendant. Persons convicted of this offense are usually placed on probation and required to complete a defensive driving and anger management courses and pay a high fine. A conviction for this offense often results in being dropped by your insurance provider. We work very hard to investigate and defend these charges. Often we find that the complaining party is actually the instigating party. Also, the only witness is usually the complaining driver. Police Officers often charge this offense improperly, because it’s not illegal to speak your mind to another driver—even to a police officer!
Reckless Driving is driving in a manner that places people or property at risk of harm. This is a four point ticket. If you are under 21 and convicted of reckless driving, you will lose your license. Driving at high speeds, weaving, and other driving that leads to accidents often result in this charge. Police Officers often charge this offense when they can’t think of any real driving violation to ticket. Since the law is vague, it gives police wiggle room to pull over a vehicle. We have found that the allegation of “reckless driving” usually rests entirely upon the “opinion” of the police officer, and that isn’t enough to sustain a conviction. An experienced attorney can prove that the officer was mistaken when he or she issued the ticket, making it easier to get the ticket dismissed. The consequences for reckless driving are fines up to $1,000 and jail time for up to a year, so if you were charged with reckless driving you need to hire an attorney.
Drivers Under 21 years of age face especially tough laws in Georgia. A single 4 point ticket will result in suspension of driving privileges. We always find a way to save the license. License reinstatement after suspension is expensive and unnecessary.
Tag Violation – Tag violations require a court appearance. Let us go to court for you. We’ll get the ticket dismissed and save you a trip to court.
Moving Violation Tickets: Stop Sign Violations, Traffic Signal Violations, Improper Turn, Improper Stopping are all 3 point tickets. These offenses usually do not require a court appearance but paying the ticket will result in a lifetime record and higher insurance premiums. We fight minor traffic tickets every day with great results. Usually, the ticket is dismissed or reduced to an offense that won’t be reported to your insurance company or to the Department of Motor Vehicle—and you WON’T HAVE TO GO TO COURT!
Cell phones and Texting: All drivers under the age of 18 are completely banned from cell phone use, and all drivers, regardless of age, are banned from texting while behind the wheel.