Lawyers, Answer Questions  & Get Points Log In
Georgia Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Georgia on
Q: Can an officer arrest an individual on private property for driving on a suspended license but never contacted a tra sto

There were 3 passengers me being the vehicle owner I was arrested for driving although I wasn't the driver I was the owner and there isn't any video.

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

Insufficient information for a complete analysis. Police can arrest on private property. Usually the driving has to be on a public highway, you can drive a tractor on your farm even if you have a suspended license. Insufficient info to address why the owner/passenger was arrested instead of the... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Buenas tardes. Cual es la pena para una persona de 20 años que incurrió en el Aticulo 40-6-48 (Failure to maintane lane)
Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

At age 20, you are not considered a minor, so no parent has to appear with you. The person signed the ticket which is a promise to appear in Court. Arrange a Court date and go to court. If traffic school is offered for a dismissal, take it. This case arises under traffic ticket law. You need to... View More

1 Answer | Asked in Traffic Tickets and Juvenile Law for Georgia on
Q: My 16 year old got a speeding ticket in Canton GA going 91 in a 70. What should we expect to happen?
Maurice Mandel II
Maurice Mandel II
answered on May 27, 2023

Because the driver is under 18, he will probably need a parent to appear in Court with him. If found guilty of the offense, he may face a fine, and possible licenses suspension, possibly until he turns 18. You need to consult an attorney in your local area that practices this kind of law. Thank... View More

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.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Clerk said speeding ticket would be reduced, it was not, see details

Months ago I got a speeding ticket that carried 3 points in georgia. I called the clerks office to reschedule a court date as I am a college student and had classes on the original date. I called a few days later and they said that instead of rescheduling, they would reduce the ticket speed so... View More

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

You need to hire a traffic ticket attorney to represent you. Search here and on Google for an attorney. I see that Morrison and Nichols answer traffic ticket questions on Justia, maybe they will take your case, you will have to pay them a fee.

The law does not recognize being a college...
View More

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
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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 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 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 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 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
PREMIUM
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

View More Answers

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Does cobb county offer probation on drive will suspended license
Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

Possibly. Judges have wide discretion in whether to allow sentences to be served in jail or on probation. Best bet is to try to get a favorable plea deal from the prosecutor before entering an open plea.

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.

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.