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Georgia Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Georgia on
Q: Is this a contradiction in GA law? Mopeds, limited to 30mph, but allowed on roads where minimum speed doesn't exceed 35

Where mopeds are defined, it is said they are not to exceed 30mph on flat land.

However, the GA Department of Driver Services website says they are allowed on roads where the minimum speed does not exceed 35mph.

Does this mean that mopeds cans drive on roads where the minimum speed... View More

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

It means that mopeds cans drive on roads where the minimum speed is 35mph. And "does not exceed" means "is not equal to or greater than" in this instance.

2 Answers | Asked in Traffic Tickets, Car Accidents and Personal Injury for Georgia on
Q: I was in a single car motor vehicle accident where I hit my head. I was ticketed for failure to report an accident.

How is that possible? I don't remember even getting out of the car and by the time I came to my senses a passerby had already reported the accident. I had a head injury, it's not like I deliberately tried to hide the fact their was a wreck.

Titus Thomas Nichols
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answered on May 1, 2023

It seems you may have suffered a brain injury and short-term memory loss. There are times where you may have been given a citation; however, the OTHER DRIVER was at fault for causing the wreck. Additionally, your injuries may be more significant than just what you felt at the time of the wreck.... View More

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1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Litigation for Georgia on
Q: A citation has a code 40-6-272. What is that particular code here in Georgia?

While pulling a UHaul truck into a car wash, I barely made contact with an overhead PVC pipe on a chain that displayed the height 8' 6". It fell to the ground and broke. It was after hours and didn't have pen and paper to leave a note or an after hours number. I knew the car wash... View More

Michael W. Horst
Michael W. Horst
answered on Apr 18, 2023

I am sorry to hear about your situation.

In terms of your charges, O.C.G.A. § 40-6-272 refers to your duty to contact the owner of the car wash after striking the PVC pipe (i.e., a fixture). I am not aware of what statute would apply to a hit and run in your situation. Georgia does...
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2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Georgia on
Q: If I got rear ended at a high rate of speed because my car stalled and I got ticketed for improper lane change who is at

I was merging over to shoulder when I got hit

James Clifton
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James Clifton
answered on Apr 3, 2023

This is a fact driven scenario and will be determined based on the evidence that can be produced. If you were able to signal the lane change after stalling, it is possible the party who rear-ended you would be at fault for following too closely and would be liable for your injuries. However, if the... View More

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1 Answer | Asked in Traffic Tickets for Georgia on
Q: For technicality reasons, in GA code §40-6-16, if the emergency vehicle was not stationary can I appeal the ticket & win

When I approached the police car that had pulled someone else over first, it started moving as I got closer and was no longer stationary then made a sudden u-turn which startled me into driving around it and led to getting ticketed. I got ticketed for violating §40-6-16 but since the emergency... View More

Glenn T. Stern
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answered on Apr 1, 2023

I would expect the police to come to court and testify that he/she was not stationary when you made your move.

As a general rule: if you are in traffic court, and the case ultimately comes down to your word vs. that of the officer's--you are in a bad spot.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Is there anything I can do for this ticket I got that the officer said he was giving me a warning for no seatbelt

Now I have a failure to appear and my license is suspended and I never received a physical ticket I was never giving a fair opportunity to take care of the citation now I have all these crazy obstacles to go through for a $15 ticket

Glenn T. Stern
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answered on Mar 21, 2023

Unfortunately, it's probably not cost-effective to do anything except to try to make arrangements to pay the ticket (and whatever other fees you may have accrued) and get the release document from the court to get your license back.

2 Answers | Asked in Traffic Tickets for Georgia on
Q: How much is a speeding ticket in Georgia tift county 92 in a 70 with code 40-6-181. Nothing said about super speeder law
Glenn T. Stern
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answered on Mar 3, 2023

Most speeding fines are imposed according to a schedule, but the amount varies from jurisdiction to jurisdiction. If you want to know ahead of court, you can call the clerk and ask them the fine amount.

Your speed does indeed qualify this as a "super speeder" ticket. That...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: I got pulled over for failure to maintain lane which resulted in me getting a possession of meth charge...

Cop said he heard me fail to maintain lane

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 8, 2023

Failure to maintain lane is a relatively low bar in Georgia. If you crossed either the solid white line on the outside of your lane or the lines between lanes, this could result in a failure to maintain lane citation. This is true whether or not there is an accident.

Discovery (dash cam...
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1 Answer | Asked in Traffic Tickets and Constitutional Law for Georgia on
Q: Is term "vehicle" considered under law as being operated for commercial purposes?

If Im traveling my privately owned automobile for personal reasons, and not a vehicle for commercial use, do the codes and statues not apply to me?

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a Georgia attorney for definitive guidance per applicable vehicle & traffic laws or insurance laws, as a general matter, "vehicle" usually means a mechanically or... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: No information given about the erection of a speed camera in a school zone. Just got a first violation with charge

Is there anything to file for not notification of erection or the fact that there was no warning given just straight charge?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 31, 2022

The county/city does not have to notify you when it installs speeding cameras. This is because the speed limit signs put you on notice of the legal speed limit and the camera is merely an enforcement mechanism.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Is it possible to be wrongly accused of street racing based on the type of car you drive?

Driver of a BMW M3 was pulled over on interstate 20 downtown in Atlanta on a Saturday night and was accused of street racing with “helicopter” footage. No footage was or had been provided and driver was immediately arrested and the driver’s car was impounded by a Georgia State Patrol officer... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

It is possible. However, you would need to acquire and review the helicopter footage to determine if an objective, reasonable person would conclude that the driver was driving the BMW M3 for the purposes of a race, speed competition or contest, drag race or acceleration contest, test of physical... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Got ticket with a violation code 40-6-181 , allegedly i was driving 86 on a 65 zone. I got charge $750. Is that right?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

Most likely. Speeding is a misdemeanor in Georgia and counties/cities are authorized to set their own fine amounts for speeding violations as long as said fines are reasonable and not over $1,000.00. Further, the Georgia legislature enacted O.C.G.A. section 40-6-189, also known as the "Super... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for Georgia on
Q: O.C.G.A. 40-6-395 Is this a conviction of this crime and is this right?

I had an incident where I was speeding, I got scared when i saw the police lights, and ran from the officer in my vehicle, then calmed down and left my car in park to walk back to where the officer had stopped to turn myself in. In court, the judge ruled it as a traffic infraction with no points... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

DDS is an executive agency with its own policies and rules, which the Georgia Legislature delegated the legislative authority to DDS to make. An answer explaining separation of powers, the non-delegation doctrine, and that it is a privilege, not a right, to drive in Georgia would require a lengthy... View More

1 Answer | Asked in Traffic Tickets and Civil Rights for Georgia on
Q: Can we fight a traffic ticket for obscured license plate when in fact the entire license plate was visible?

Top portion of the "Georgia" was covered by a broken "Atlanta Falcons" tag covering....the top portion of the covering is the word "ATLANTA" in red writing but honestly the "peach" & "Georgia" is visible. My daughter stated that he came to the... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Yes. Take the license plate to court and request the dash cam footage and present it to the judge or jury. At that point, the judge or jury will weigh the credibility of the above evidence against the police officer's testimony and determine if the tag was obscured.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: O.C.G.A 40-6-189 states that I would be notified within 30 days, my ticket was 5/30. Today is 8/4, any way out of it?

The ticket was on 5/30 and I paid the ticket on 6/25. I paid $382 and now I am being asked to pay $200 more? This ticket was in Monroe County if that makes any difference.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

The Georgia legislature enacted O.C.G.A. section 40-6-189, also known as the "Super Speeder Law", which penalizes speeding in excess of 85 miles per hour and 75 miles per hour on certain roadways. The fine for a super speeder violation is $200.00, independent of the county/city fine... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: If a person is arrested during a traffic stop. And never gets released(unable to bond out) because of parole/probation.

Shall that person be granted jail time credit for each day confined in regard to the traffic citation.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

The judge is not required to credit pre-conviction jail time. However, in the normal course, judges routinely give credit for pre-conviction time served.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Bought a car recently, an got in a accident it wasn't my fault but the car wasn't insured and I got a ticket
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 26, 2022

Not sure what the question is. However, Georgia law requires every vehicle to have at least $25,000.00 per person, up to $50,000.00 per accident, in liability coverage for personal injuries and $25,000.00 in property damage coverage. If your vehicle is not insured with the above minimum coverage... View More

2 Answers | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Georgia on
Q: I'm 18 years old and got a reckless driving charge in GA. Am I allowed to drive (safely) between now and my court date?

I got a reckless driving and street racing charges on my record, but my car wasn't damaged and no one was injured. I'm currently out on bail. My DDS dashboard says my license is valid and when I called them the lady on the phone said that it also shows it's valid on her end. Does... View More

Sean McIlhinney
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Sean McIlhinney
answered on Jul 17, 2022

In Georgia an under 21 years old's driver's license is not suspended just merely based on the issuance of a reckless driving charge. If you are convicted of the reckless driving you will suffer a 6 month license suspension. A lawyer may be able to help you avoid the suspension by... View More

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1 Answer | Asked in Traffic Tickets for Georgia on
Q: I have a red light violation from 2020 in Clayton County GA. What happens when I plead not guilty?
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

The case will be scheduled for a pre-trial hearing. At the pre-trial hearing, a trial date will be set and then the case tried on said trial date.

1 Answer | Asked in Criminal Law, Traffic Tickets and Cannabis & Marijuana Law for Georgia on
Q: Can a Georgia stat trooper pull your vehicle over for a missing signal light as being probable cause?
Morris  Margulis
Morris Margulis
answered on Jun 20, 2022

Yes, vehicle equipment violations are permissible reasons to initiate a traffic pullover.

What happens after that point is not necessarily fair game, however.

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