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Georgia Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Georgia on
Q: Under Georgia law is violation code 40-6-241B payable
Sean McIlhinney
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Sean McIlhinney
answered on Jul 12, 2020

This is an excellent question.

Generally speaking, it is up to each specific Court as to whether the Court allows a traffic ticket to be payable without a court appearance.

For your specific ticket, I am often able to secure a Dismissal of your charge without you having to appear at...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: 17yr old super speeder 96-70. App said his top speed was 89. What do i do

truck was passing my son at the same time the cop said he flagged him. Can I ask for dash cam footage of this. Can I use the app to prove he wasnt speeding

Sean McIlhinney
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Sean McIlhinney
answered on Jul 11, 2020

This is an excellent question.

Many more details would need to be known in order to give you a complete evaluation with respect to trying to get your App which provides speed into evidence at trial and if Dash Cam was available and would even help determine speed. The results from the App...
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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: Hi Im deaf. is there a way to appeal after missing deadline to prevent license suspensions?

I was arrested in dec 2019 and by Feb 2020 I was notificated that my license was suspended and I didnt know bout $150 fee. any way I can appeal or work to get driving permit?

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jul 1, 2020

Yes, it is possible. It is best to contact an attorney who can assess the details of your circumstances, get additional information from you and provide you with a detailed solution.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

The Upshaw...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: Under GA Code 40-6-180, is an outside force required to be in violation of the code or is simply speeding a violation?

Outside forces would be referring to weather, road hazards, etc

Sean McIlhinney
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Sean McIlhinney
answered on Jul 1, 2020

This is a good question. Georgia 40-6-180 is the GA law that people often refer to as Too Fast For Conditions and/or Basic Rules.

For a non CDL GA license, a conviction under this statute (40-6-180) is not reported to the GA Department of Driver Services.

In my legal opinion, a...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: I got a speeding ticket in Georgia going 100 in a 70

I have the ticket from Georgia and on the citation where it says registration number and year. the cop inserted the date 1921 then state Illinois (my location). I’m wondering if this is a typo and can be used to throw out the case.

Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on Jun 15, 2020

This is a good question. A typo on a traffic ticket is normally not enough, by itself, to secure an outright dismissal prior to trial.

Nevertheless, an experienced Georgia traffic ticket and/or criminal defense attorney may be able to use the typo or mistake in negotiatons to try to keep...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: How long can traffic violations moved to state court be pending?

I got 4 tickets when I went to court for them they switched them over to State court.

Sean McIlhinney
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Sean McIlhinney
answered on Jun 11, 2020

This is an excellent question.

Different State courts move at different speeds.

I would first advise you to contact the State Court Clerk for the County to make sure that you have not missed a court date and that the court has your correct mailing address.

The statute of...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: commission means fleeing. I was not fleeing from a felony crime so will I still be charged $1k 4 drivin w/ blue lights?

I just purchased a truck under glow and forgot to impress the blue color when I left to go home. I was pulled over and given a ticket. Will I have to pay $1,000 just for driving 1 time with blue lights?!

Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on Jun 11, 2020

This is a good question. However, an attorney will need to know many more facts and details about the case before advising you.

I would advise you to also contact an experienced Georgia traffic ticket and/or criminal defense attorney who can provide a detailed case evaluation and fee...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: what happen to my commercial driver if I pay fine (plea guilty) for 40-6-248.1 Securing loads on vehicles - Georgia

I don't know if I should pay the fine or go to the court... and how long do I have to pay the fine?

Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on May 31, 2020

This is an excellent question.

Many more details would need to be known in order to give you a complete evaluation with respect to what will happen to your commercial driver's license if you plead guilty to failing to secure a load.

It is always best to contact an experienced...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: Under 21 with second speeding ticket at 85mph. Will my license be suspended? The ticket were less than two months apart
Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on May 28, 2020

This is an excellent question.

Many more details would need to be known in order to give you a complete evaluation with respect to whether your GA drivers license could be suspended.

The rule in GA is that if you are unable 18 years old, the GA Department of Driver Services will...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: I got a super speeder citation for 93 in a 70 I’m only 17 will I lose my license
Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on May 27, 2020

This is an excellent question.

The rule in GA is that if you are unable 18 years old, the GA Department of Driver Services will suspend your driver's license for 6 months if you accrue 4 or more points on your driving record within a 12 month period.

23 mph over the posted...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: who should you contact regarding dismissing a ticket or reducing points in georgia
Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on May 18, 2020

This is a good question.

It is best to contact an experienced Georgia traffic ticket attorney to see if it is possible to get your specific ticket case dismissed or reduced.

The attorney will need to know the specific details about your case including the specific court and...
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1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: How do i go about getting this DDS fraud case handled once and for all?

I have been under investigation for driver's license fraud for about 8 years. Knowing that the statute of limitations have been up, these investigators are putting me through the same things. They are not putting the case through the courts or giving me my license, they keep telling me i... View More

Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on May 12, 2020

I regularly handle suspended license issues with the GA DDS.

Please feel free to call me on my cell phone at 404-932-3099 to discuss your situation.

Best regards,

Sean McIlhinney, Esq.

6625 The Corners Parkway, Suite 115

Norcross, GA 30092

Cell:...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: i just got a ticket going 92 in a 65 but the officer knocked it down to 78 in a 65

it is my first ticket and i am 19 years old and i have no idea what i can do especially since he gave me a break what should i do and how much should i expect to pay? it says there is a court notice but no court case number so am i able to just pay it online or do i still have to show up to court?... View More

Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on May 4, 2020

It is great that the police officer reduced your ticket to 78 mph in a 65 mph zone because if you were convicted of speeding 92 mph in a 65 mph zone, pursuant to GA law, you would suffer a 6 month license suspension since you are under 21 years of age.

Assuming, (1) that the ticket is...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: I pulled over to wait for my husband who was getting a speeding ticket & And was also given a speeding ticket

I pulled over a few car links in front of him to wait on the side of the highway the cop walked up to my car and proceeded to give me a speeding ticket as well

Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on May 1, 2020

I am very sorry that both you and your husband received a speeding ticket.

I am normally able to resolve most speeding tickets in GA so that the ticket does NOT go on my client's driving record without my client having to appear at court!

I am able to give both you and your...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: I received a ticket for code 40-8-20 for no headlights in the rain at approx 9:00 am on college campus, not highway?

The code mention the light requirement for highways. Is it also valid for streets in the rain.

Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on Apr 26, 2020

This is a very good question.

The Georgia code 40-1-1 states "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Courts have interpreted the...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Police slammed my man on the ground bc he asked them to leave and he didn't want to speak with them.

They charging him with obstruction (resisting arrest) and He done absolutely nothing wrong . I need legal advice

Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on Apr 10, 2020

It appears that your friend may have been charged with obstruction of justice in Braselton, GA (Jackson County).

I have been practicing law 24 years and know this jurisdiction very well.

Your friend may have some excellent defenses to beat the case but I will need to know more facts...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: Why did officer give me driving while less safe ticket No drug or alcohol test done

There are two more tickets given that night

Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on Apr 8, 2020

Generally speaking, in GA there are two types of DUI charges. A per se DUI is a a DUI charge in which a blood, breath or urine test is given and the test result is greater than the legal limit which is. 08.

A DUI less safe is a DUI charge in which the police officer is essentially alleging...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: I got a speeding ticket. My court date have been charged. Does the time I have to pay the ticket change to that date to
Sean McIlhinney
PREMIUM
Sean McIlhinney
answered on Apr 5, 2020

Good question.

If the Court changed the court date because of the Coronavirus then it would generally follow that your prior court date no longer controls. I am often able to resolve many traffic ticket cases by keeping the ticket off of my client's driving record without my client...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: can the police give you a ticket and they didn't see you driving?
Anitra Walker
Anitra Walker
answered on Mar 30, 2020

Yes, this happens all of the time in the case of car accidents. In most of these cases, police do not witness the actual accident. They must, to the best of their ability, determine the circumstances which caused the accident using their own observations upon arrival, the testimony of the... View More

1 Answer | Asked in Traffic Tickets for Georgia on
Q: I missed court date because I was never served the papers can the extra 50 dollars be taken off since I didn’t get notic

I went to pay my ticket 03/18/20 online it said I missed my court date with failure to appear. But I never revived a court paper.

Anitra Walker
Anitra Walker
answered on Mar 30, 2020

In most cases when you receive a traffic citation, information regarding your court date, time, and location can be found towards the bottom of your copy of the citation. If your initial court date was rescheduled, the court would have mailed notice of the rescheduled date to the address for you... View More

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