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Georgia Traffic Tickets Questions & Answers

1 Answer | Asked in Traffic Tickets and DUI / DWI for Georgia on

Q: State of GA has GA CODE 40-2-136 warning and I cannot be issued a temp of license plate how do I resolve this issue?

I did not have any vehicle's registered to me at the time of the conviction.

Michael D. Barber Jr. answered on Jun 15, 2019

Generally this code section involves a number of charges for DUI resulting in a suspension of your license plates. Without knowing more about your previous charges it would be difficult to answer. The bottom line however is that you may be able to get a probationary driving license and then get a... Read more »

1 Answer | Asked in Traffic Tickets and DUI / DWI for Georgia on

Q: I got pulled over and arrested for speeding and possesion of less than an ounce of marijuana. Will I lose my CDL?

Michael D. Barber Jr. answered on Jun 15, 2019

What speed were you traveling and what was the speed limit? Those have a lot to do with the answer to your question in relationship to points that you can get awarded which would affect your CDL. Technically the Marijana shouldn't affect your CDL but you will still want to try and keep it off your... Read more »

1 Answer | Asked in Traffic Tickets for Georgia on

Q: I received a ticket for street parking that I was truly not aware was a city ordinance . I never received a warning.

I am not sure how I should plead.

Samantha Embry answered on May 15, 2019

You should plead nolo contendere or guilty. Depending on your traffic record. Ignorance of the law is not a defense. Sorry you didn’t know.

2 Answers | Asked in Criminal Law and Traffic Tickets for Georgia on

Q: I was pulled over in Fayetteville Georgia because he said my light bar was illegal to have on ( I have a Jeep Wrangler).

He claimed he smelled marijuana in which I presented my weed vape, went on to search my car and found a little over a ounce in my backpack. I’m a 100% rated veteran and have explained to both the VA and Social Security that I consume marijuana for my injuries. What can I do about this felony... Read more »

Ecleynne Mercy answered on Apr 29, 2019

I understand your frustration however, marijuana is not legal in the state of georgia. Georgia’s medical marijuana law allows certain qualified persons to legally possess up to 20 fluid ounces of “low THC oil,” which is derived from the marijuana plant. It authorizes the Georgia Department of... Read more »

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1 Answer | Asked in Traffic Tickets for Georgia on

Q: Does a careless operation ticket mean a DUI charge?

Samantha Embry answered on Apr 27, 2019

No.

1 Answer | Asked in Traffic Tickets for Georgia on

Q: I recently received a "hands free" ticket in Georgia. He listed it as M/V - unlawful use of communication / electronic

40-6-241 On my DMV record it is listed as failure to due care. Should it be listed as this?

Samantha Embry answered on Apr 26, 2019

Yes, that is listed correctly. You can read the full statute here: https://law.justia.com/codes/georgia/2010/title-40/chapter-6/article-11/40-6-241/

Sometimes, if you purchase a hands free device for your vehicle and take it to court with you to show the Judge, they will dismiss the ticket...
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1 Answer | Asked in Criminal Law, Traffic Tickets and Car Accidents for Georgia on

Q: Court date yrs ago that I was not aware and now I have 2 warrants. What to do to not get arrested but get new date?

Had a car accident around 2015. Received 5 misdemenaors and 1 felony charge. Went to first court date and was told that they were trying to send it to Federal court and would receive a letter for court in 6 months to a yr. Never received a new court date. Recently was working at a job that I have... Read more »

Samantha Embry answered on Apr 23, 2019

Bench warrants are issued in circumstances were (1) you failed to appear for a court date (2) failed to pay a court fine on time (3) failed to obey a court order or violated probation. The main way to get a bench warrant lifted is to appear in court - either through your attorney or in person.... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on

Q: In Georgia can a person pay a speeding ticket issued at a traffic stop if felony charges were also filed before courtda

Theft by receiving stolen property (auto) and possession of methamphetamine after officer searched personal property with no probable cause or consent

Ecleynne Mercy answered on Apr 22, 2019

Nope especially if they are in the same transaction and occurrence.

1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on

Q: Left center lane turn vs left turn exiting shoping plaza who has the right of way in GA?

Peter N. Munsing answered on Apr 19, 2019

If both cars are turning left, and if the center lane has a path directly ahead,but the person in the center lane decided to try to turn from that lane, anyone in the designated left turn lane has the right of way.

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on

Q: Was pulled over for having sports team accessory that went around the tag. Is this a traffic violation

Then after telling me that was the reason for pulling me over, the officer asked to search my car i said no, he proceeded to call in canine unit. I asked why, he said "because i can." Then after that he brought in the canine unit and another officer with zero explanation and began saying things... Read more »

Ecleynne Mercy answered on Apr 10, 2019

In Georgia any person who willfully covers any license plate with plastic, other material, or any part of his or her body in order to prevent or impede the ability of surveillance equipment to clearly photograph or otherwise obtain a clear image of the license plate is guilty of a misdemeanor and... Read more »

1 Answer | Asked in Traffic Tickets for Georgia on

Q: There are three lanes can a truck with six wheels use the left lane as too pass Slow moving traffic.

Ecleynne Mercy answered on Apr 3, 2019

In Georgia, the term “truck” means any vehicle equipped with more than six wheels, except buses and motorcoaches.

(b) On roads, streets, or highways with three or more lanes allowing for movement in the same direction, it shall be unlawful for any truck to operate in any lanes other...
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1 Answer | Asked in Traffic Tickets for Georgia on

Q: What are the laws regarding eye wear/protection when riding a motorcycle in Georgia?

Provided a motorcycle does not have a windshield, are normal sunglasses acceptable eye wear or are riders required to wear glasses or other eye protection that is held to a specific standard? If riders are expected to wear at least a standardized level of eye protection, what is that standard?

Ecleynne Mercy answered on Apr 3, 2019

In Georgia

(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety.

(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped...
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1 Answer | Asked in Traffic Tickets for Georgia on

Q: my car was in no parking spot for 5 minutes to grab mcdonalds, while car was on, received parking ticket of $250.

My car was on, I stopped to grab mcdonalds, my girlfriend was in the driving seat to move the car if needed, cop pulls behind my car and I saw it from mcdonalds and told him i am sorry, he said dont worry its just a parking ticket, and gave me a $250 ticket. Is there any way to reduce that payment?... Read more »

Ecleynne Mercy answered on Apr 3, 2019

You can ask the court for a reduction or even ask for community service in lieu of the fine. I hope this helps.

1 Answer | Asked in Traffic Tickets for Georgia on

Q: I’m on probation and got a citation for suspended license. Suspended for child support but had been taken care of.

What should I expect when I go to court in a couple of days for arraignment? By the way I was not arrested the night I received the citation

Ecleynne Mercy answered on Apr 3, 2019

You need to make sure that the suspended license was for child support and not a failure to appear. You will find that out during the arraignment.

When a person accused of committing a crime, the arraignment is when the accusation is read to the person and the person is required to answer...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on

Q: What are the penalties for driving with no insurance?

I was involved in a wreck (car pileup) in a county 4 hours away from my home (both counties in GA). My insurance had expired a week or so prior. My car was totaled in the wreck. I was not placed at fault. I received a ticket for no insurance. I am required to appear in court next month. What should... Read more »

Ecleynne Mercy answered on Apr 3, 2019

An owner who knowingly operates a motor vehicle without effective insurance on such vehicle shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both.

Ga....
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1 Answer | Asked in Traffic Tickets for Georgia on

Q: If I got a ticket for 90 in a 70 and I’m a Florida resident , I was just passing through, do I have to appear in court?

Even after I pay my ticket

Ecleynne Mercy answered on Apr 3, 2019

If you paid the ticket, please call the court and see if you must still show up. There may be other issues that may need to be addressed ( e.g. Super speeder). However, I would call the court tell and them when and how much you paid and see whether you need to attend. In addition, if you hire a... Read more »

1 Answer | Asked in Traffic Tickets for Georgia on

Q: Traffic ticket

How long is a traffic warrant active after being paid

Ecleynne Mercy answered on Apr 3, 2019

You have to get the court to recall the warrant. Most of the time it is not automatic, you must show proof of payment and then address the issue of the warrant. If the warrant was issued because you missed court you have to go address it even if you paid the fine because that the court can still... Read more »

1 Answer | Asked in Traffic Tickets and Criminal Law for Georgia on

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

My license was suspended when I forgot to pay a ticket because my Mother was dying and it just slipped my mind. Once I remembered I paid the ticket and thought it was over. But they had had my license suspended through Alabama and I was not notified. Then I was pulled over in Trenton GA and taken... Read more »

Holly G Chapman answered on Mar 14, 2019

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.... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Georgia on

Q: Can you pass a car impeding traffic

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Ecleynne Mercy answered on Mar 11, 2019

“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... Read more »

1 Answer | Asked in Criminal Law, Immigration Law and Traffic Tickets for Georgia on

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

I come here to the US over 20 years ago. While here I work and I made a family. I have never commited any crimes I even paid taxes! I hate people similar to me are treated like criminals just because of who we are. I soley came here to work and not bother anyone. I help all people of nationalizes... Read more »

Hector E. Quiroga answered on Feb 28, 2019

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...
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