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Georgia Traffic Tickets Questions & Answers
2 Answers | Asked in Traffic Tickets for Georgia on
Q: How can I get a traffic ticket for not having my headlights on at 3 pm on a sunny day and not raining in Georgia?

The ticket was issued by the Cornelia City police department.

Glenn T. Stern
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answered on Sep 13, 2023

Georgia law requires headlights under 3 circumstances:

1. From 30 minutes before sunrise to 30 minutes after sunset;

2. Whenever it is raining, and

3. When conditions reduce visibility to less than 500 ft (due to fog, hail, sleet, smoke, etc.)

I don't think...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: Do I need a lawyer and if so how much

40-2-7

16-13-30

40-5-121

T. Augustus Claus
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answered on Sep 4, 2023

For less serious offenses like failing to obey traffic control devices (40-2-7), you may not require legal representation if you believe you can contest the ticket.

However, for more serious charges like drug-related offenses (16-13-30) or driving with a suspended or revoked license...
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2 Answers | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Georgia on
Q: Police video missing only sections that would dismiss my case is there any rights that would help on this

Yes I was pulled over with initial pullover only recording on body cam which would not show the reason are incidents of initial pullover then upon denial of search police officer only having body camera then removed body camera with intent to set up in the dash which did not record the search of... View More

James L. Arrasmith
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answered on Sep 11, 2023

In this situation where vital portions of the body camera footage are missing, it raises serious questions about the credibility of the police account and possibly even indicates tampering or misconduct. You have the right to a fair trial, which includes having access to all the evidence that... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: If my drivers license was suspended in Washington state, and I have moved to Southern Georgia 6 years ago. I have tryed

To obtain a license here. Yet could not. I understand that Washington has band me from driving within it's state borders. Yet they say because of this I am not allowed to get a license here. How dose Washington get to tell georgia what they can and can't do? I understand that if I'm... View More

Glenn T. Stern
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answered on Aug 20, 2023

1. You're not allowed to get a license in Georgia if your privileges have been taken away from you in a different state. Georgia checks the NDR (national drivers registry) before issuing a license to anybody in the state.

Your cannabis rights from Washington allow you to use it in...
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3 Answers | Asked in Traffic Tickets, Contracts and Civil Rights for Georgia on
Q: if im traveling in my vehicle for personal use, do i need to have a license, insurance, and registration/license plate?

there are various supreme court rulings stating that operating a motor vehicle in your personal capacity is a right, not a privilege, and you dont need a license, insurance, or registration/plate so long as youre not using your vehicle for commercial use such as uber, or delivering goods.

James L. Arrasmith
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answered on Sep 11, 2023

Navigating the fine line between what is considered a "right" and a "privilege" when it comes to operating a motor vehicle on public roads can be a complex endeavor. It is essential to base our understanding on established laws and court rulings to offer a precise answer.... View More

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3 Answers | Asked in Traffic Tickets, Contracts and Civil Rights for Georgia on
Q: if im traveling in my vehicle for personal use, do i need to have a license, insurance, and registration/license plate?

there are various supreme court rulings stating that operating a motor vehicle in your personal capacity is a right, not a privilege, and you dont need a license, insurance, or registration/plate so long as youre not using your vehicle for commercial use such as uber, or delivering goods.

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2023

You'd need the license, insurance, registration, and license plate - both fed and state governments have rights to regulate use of vehicles. Driving is considered more a privilege than an inalienable right. The fact that the use is personal rather than commercial doesn't lessen state... View More

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1 Answer | Asked in Traffic Tickets and Municipal Law for Georgia on
Q: 1) If a car is parked legally and there is no indication of a crime, can a PO randomly run a tag?

...and then 2) If the car is found to not be currently insured, can the PO wait until the car is driven to issue a ticket, or does he have an obligation to prevent the crime? (Since I was standing and sitting near or in the car for a few hours prior to driving and saw the officer / made eye contact... View More

Glenn T. Stern
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answered on Jul 28, 2023

Yes, you have no right to privacy over your license plate. It's observable to the public so you have no expectation of privacy. Furthermore, some police now have technology in their vehicles that automatically scans all the license plates around the police car, runs them, and then alerts the... View More

2 Answers | Asked in Traffic Tickets for Georgia on
Q: Super speeder definition in Georgia

According to the georgia.gov website, super speeders are "drivers ticketed for traveling 75 mph or faster on a 2-lane road or 85 mph or faster on other roads or highways." If I was going 80 on a 45, which happened to be two lanes on either side of a median (4 lanes in total), is this a... View More

Glenn T. Stern
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answered on Jun 30, 2023

The ticket is not technically a "super speeder," but at 17 years old, there can be serious consequences for a speeding violation of 35 miles over the limit. The specifics will depend on what particular court your case is in; I would recommend that you speak to an attorney who has the... View More

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2 Answers | Asked in Traffic Tickets for Georgia on
Q: Super speeder definition in Georgia

According to the georgia.gov website, super speeders are "drivers ticketed for traveling 75 mph or faster on a 2-lane road or 85 mph or faster on other roads or highways." If I was going 80 on a 45, which happened to be two lanes on either side of a median (4 lanes in total), is this a... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

What chance no suspension? Not good at your age. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer. BTW 7,000 pedestrians were killed last year. You don't want to be that driver, you could be... 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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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
Sean McIlhinney
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Sean McIlhinney
answered on Mar 4, 2023

I know Tift County State Court very well.

The local court fine for Tift State Court is set according to the court's own fine schedule. You can check with the Clerk's office to determine the local court fine amount for this speed if you were to just plead guilty to the ticket...
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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: 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: 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 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 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.

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