Georgia Traffic Tickets Questions & Answers

Q: Can you be convicted of driving on suspended license if you were not aware they were suspended?

1 Answer | Asked in Traffic Tickets and Criminal Law for Georgia on
Answered on Mar 14, 2019
Holly G Chapman's answer
In Georgia, to prove driving while license suspended (O.C.G.A. 40-5-121) at trial, the prosecutor do have to show that the accused had actual OR legal notice of the suspension. Although you may not have actually known that your license was suspended, that doesn't mean you didn't have legal notice. You should contact a criminal defense attorney so that they can help you sort through the specific facts that apply in your case to see you if you may have a viable defense.

Q: Can you pass a car impeding traffic

1 Answer | Asked in DUI / DWI and Traffic Tickets for Georgia on
Answered on Mar 11, 2019
Ecleynne Mercy's answer
“All drivers of vehicles using the highways are held to the exercise of due care. A leading vehicle has no absolute legal position superior to that of one following. Each driver must exercise ordinary care in the situation in which he finds himself. The driver of the leading vehicle must exercise ordinary care not to stop, slow up, nor swerve from his course without adequate warning to following vehicles of his intention so to do. The driver of the following vehicle, in his turn, must...

Q: Summoned to court and I am a non citizen, will proveing my character help with my case if ICE is contacted?

1 Answer | Asked in Criminal Law, Immigration Law and Traffic Tickets for Georgia on
Answered on Feb 28, 2019
Hector E. Quiroga's answer
Unfortunately, simply being a good person and paying your taxes is not enough to excuse you are in the country without permission.

It is possible that you could be detained by ICE at court, yes. It does happen.

The fact that you have been here for so long, and the fact that you have strong connections to the United States, including (it sounds like) US citizen children, you might be eligible for some immigration relief before an immigration judge. Talking with an immigration...

Q: Will a Attorney who specializes in ticket law be all I need to represent me in court although I am a non citizen?

1 Answer | Asked in Civil Litigation, Traffic Tickets, Criminal Law and Immigration Law for Georgia on
Answered on Feb 27, 2019
Kelli Y Allen's answer
Your status does not affect the criminal proceedings, but might bring you to the attention of law enforcement who could start removal proceedings. Hire a criminal defense attorney to discuss the best way to handle the ticket. If you are brought to the attention of ICE and are referred to immigration court, hire an immigration attorney.

Q: Summoned to court for driving w/o US license but had out of country Lc. What will happen to illegal in Augusta ga?

1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Immigration Law for Georgia on
Answered on Feb 26, 2019
David Edward Boyle's answer
Hire an attorney in Augusta who handles traffic tickets and who can probably appear in your husband's absence.

Q: Illegal summoned to court for 2 tickets. No arrest made, Mexico LC was displayed to officer. What will happen in court?

1 Answer | Asked in Traffic Tickets, Criminal Law and Immigration Law for Georgia on
Answered on Feb 25, 2019
Hector E. Quiroga's answer
Definitely get him an attorney. Criminal activity can impact an immigration case, so concern is not unwarranted. Contact your local bar association for a referral to an attorney familiar with this type of law.

Q: Is it legal for an officer to search your car and ask you question not related to why you were pulled over?

1 Answer | Asked in Traffic Tickets for Georgia on
Answered on Jan 31, 2019
Forrest Clinton Barbour's answer
An officer needs probable cause or consent to search a car. So, depending on the circumstances, yes, your automobile can be searched for something unrelated to why you were pulled over.

And an officer can question you about anything (there are some exceptions to this when a person is in custody but that requires more facts to know if that applies to you).

Q: As long as you have two lights are you suppose to get tickets .? Is there a way to fight this ticket ?

1 Answer | Asked in Traffic Tickets for Georgia on
Answered on Jan 21, 2019
Forrest Clinton Barbour's answer
Two lights for what? I need more information.

Q: Hello, I believe I have a warrant in Fulton County. But no one will give me info as I'm out of state.

1 Answer | Asked in Criminal Law, Traffic Tickets and Legal Malpractice for Georgia on
Answered on Jan 6, 2019
David Edward Boyle's answer
I would encourage you to hire a lawyer who practices law in the jurisdiction that issued the ticket. If you have a fail to appear warrant you can order a copy of your driving history online with georgia dept of driver services.

Q: Did not receive notice tags were due. Completely forgot to renew. Any way to preclude from having a misdemeanor?

1 Answer | Asked in Traffic Tickets for Georgia on
Answered on Dec 5, 2018
Ecleynne Mercy's answer
I need more information... if you get valid tags depending where the ticket is or who the prosecutor is may not stop the traffic citation or the misdemeanor. Your best bet is to get a lawyer who is familiar with the area and who can give you solid honest advice. I hope this helps.

Attorney Ecleynne Mercy

Mercy Law P.C.

Phone: 404-599-3031

www.mercylawpc.com

Q: could my citation potentially be dismissed due to invalid information?

1 Answer | Asked in Traffic Tickets for Georgia on
Answered on Nov 28, 2018
Ecleynne Mercy's answer
To be real honest because the other driver happens to be law enforcement it gets a little more tricky. It may not be as simple as just saying he's "Nope didn't do it". You will need to do more. There are motions that must be made and subpoenas may be necessary to keep law enforcement honest. You will want to get your own attorney because your insurance company will not represent you in the traffic citation. However, what happens with the citation will effect the accident case. I hope this...

Q: Will we have to appear in court?

2 Answers | Asked in Criminal Law and Traffic Tickets for Georgia on
Answered on Nov 27, 2018
Forrest Clinton Barbour's answer
Depends. I would need to see the citation that you were issued.

Q: I was givencitation a video proving I stopped before entering a roadway will this help me in court to get it dismissed

1 Answer | Asked in Traffic Tickets for Georgia on
Answered on Nov 26, 2018
Harley Wagner's answer
Possibly. Self-representation is full of problems, because the rules of court, such as submitting evidence are complex.

It would be best to get a public defender, or a traffic lawyer to assist you.

Plus, depending on the court, you may need to move your case to a jury court, and not just leave it at municipal court.

Q: While I was getting booked in at LCSO I had the pleasure of watching an on duty officer that is (NOT) a diabetic give a

1 Answer | Asked in Criminal Law, Traffic Tickets and Probate for Georgia on
Answered on Nov 12, 2018
Seth Meyerson's answer
That someone else may be breaking the law is not a defense for your violation; you need a lawyer.

Q: I got my first ticket driving 80 on 55, in GA, paid the citation, I now received a notice of my license being suspended.

1 Answer | Asked in Traffic Tickets for Georgia on
Answered on Nov 12, 2018
Forrest Clinton Barbour's answer
How old are you? If under 21, paying such a ticket suspends your license. They might be a way to overcome this, but I need more information from you, and you need to act quickly, as there are time constraints.

Q: Is it possible to avoid suspension of license for a speeding ticket. (Clocked by radar at 24 mph over limit)

1 Answer | Asked in Traffic Tickets for Georgia on
Answered on Nov 8, 2018
Forrest Clinton Barbour's answer
It is possible, but it will take a lot of work on your part (defensive driving, etc.). I strongly suggest that you hire an attorney who practices in the court where your case is pending. He/she will be able to advise you of the best things to do to help save your license. Good luck.

Q: Do you have to use your turning signal when coming out of a store or a driveway by law?

1 Answer | Asked in Traffic Tickets for Georgia on
Answered on Nov 5, 2018
Forrest Clinton Barbour's answer
OCGA 40-6-123:

(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Code Section 40-6-120 or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or change lanes or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate and timely signal in the manner...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.