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Georgia Traffic Tickets Questions & Answers
1 Answer | Asked in Constitutional Law, Criminal Law and Traffic Tickets for Georgia on
Q: Is a speeding ticket civil, criminal, or quasi criminal in Georgia?
E. Morris Margulis
E. Morris Margulis answered on Nov 14, 2019

A speeding ticket in Georgia is misdemeanor crime, although the penalties for a first, life-time speeding ticket in Georgia are capped below the standard maximum penalties for misdemeanors. See O.C.G.A. § 40-6-1.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: During a traffic stop if you pull over into say a qt parking lot is that lot considered private property
E. Morris Margulis
E. Morris Margulis answered on Nov 13, 2019

Private property does not become "public property" merely by you stopping on it during a pullover.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Dose a person have a right to a Court of Record in the STATE OF GEORGIA
E. Morris Margulis
E. Morris Margulis answered on Nov 13, 2019

It depends on the type of hearing being sought. For example, a commitment hearing is done by a court of inquiry, but a trial is done by a court of record.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: received citation for speeding & failure to wear seatbelt, looked up citation online and it was listed at almost 1.4mil

is it possible that the price on the ticket is just listed incorrectly and should I fight it if so?

E. Morris Margulis
E. Morris Margulis answered on Nov 11, 2019

$1,000,000 is well outside of the legal penalty range for individual speeding & seatbelt violations in Georgia.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: If I got a speeding citation in GA but am from FL can I pay without going to court?

I got a traffic citation while traveling in GA but live in FL and there is only a court date not a price. Is there anyway to transfer the court to a florida court or pay the fine without having to travel all the way back up here? It shows 78 in a 55. Also the officer told me it was 68 but on the... Read more »

E. Morris Margulis
E. Morris Margulis answered on Nov 11, 2019

Usually you can pay a speeding ticket online, but you need to be very careful about Georgia's "super speeder" law.

OCGA § 40-6-189

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(b): In addition to any other fines or penalties imposed by any local jurisdiction or the department, the...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: If never sighned any ticket to confirm charge but was arrested paid a bond to just get out could charges be dismissed
E. Morris Margulis
E. Morris Margulis answered on Oct 24, 2019

Your refusal to sign the traffic citation is not, by itself, sufficient grounds for the citation to be dismissed - otherwise nobody would sign them.

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Is it illegal for pedestrians to walk on the interstate in Georgia?

I have read multiple articles stating that it is illegal for pedestrians to walk on limited-access highways in Georgia, and I understand why it would be. I have searched through multiple laws and can't find any code section that actually deems it illegal. For example, Atlanta has a city ordinance... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Oct 17, 2019

(a) As used in this Code section, the term “pedestrian” means any person afoot and shall include, without limitation, persons standing, walking, jogging, running, or otherwise on foot.

(b) Where a sidewalk is provided, it shall be unlawful for any pedestrian to stand or stride along and...
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2 Answers | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Could my First Offenders Treatment and/or probation be revoked for reckless driving + maximum limits?

I was sentenced under the first offenders act a few years ago and was more recently arrested for maximum limits + reckless driving (first offense). Is it likely I could have my probation and First Offenders revoked?

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Oct 14, 2019

Yes. Any violation of the law can cause your First Offender status to be revoked. It is at the discretion of the judge though, and it is possible they will not revoke your First Offender status.

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2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Federal Crimes for Georgia on
Q: Would a dirty needle be considered Transportation of etiologic agent?
Joshua Schiffer
Joshua Schiffer answered on Oct 1, 2019

Novel question. Could be, with the right facts and evidence of intent. Would depend on the perspective of the Indicting DA.

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1 Answer | Asked in Personal Injury and Traffic Tickets for Georgia on
Q: Am I going to be found guilty when I go to court?

The police gave me citation number: M933789 o.c.g.a $ 40-6-43 with a trailer. He insisted that I was trying to beat the trailer from making his right turn. What happen was that i was behind the trailer on the left lane and i thought I saw his emergency lights on so I switched to the right lane to... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

It sounds like the officer didn't want to decide and just gave both drivers tickets in order to let the traffic court judge sort it out. It may be that a judge hearing your story, presented calmly and in detail, perhaps with supporting photographs, would dismiss your ticket or find your not guilty.... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Georgia on
Q: How do I explain this on application/says have you ever been convicted of a crime other than minor driving violations

It was categorized as a misdemeanor and not a possession charge. I pled the first offender act Because I Don’t plan on ever getting arrested again.I live in Georgia it’s supposed to be sealed, but I don’t think it is. So I’m just wondering how I approach this question on the application for... Read more »

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Sep 5, 2019

A plea under the first offender act is not a conviction, because there is no adjudication of guilt. So you can honestly say you have no convictions.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: How do I not go to jail if I missed my 1st court date for a felony alluding charge

I was charged with alluding the police in speeds excess of a 120 miles an hour and I have miss my 1st preliminary court date there is currently a warrant for my arrest how do I avoid going to jail

Robbie Levin
Robbie Levin answered on Sep 4, 2019

Hire a lawyer. It is possible a lawyer can get the warrant lifted.

For more information visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Is it proper protocol for Dekalb county to hold an inmate without giving them additional information?

My sister was arrested on Tuesday and they are refusing to give us information. No bond, no court date. Nothing! Is this proper protocol???

Brandon Alexander Thomas
Brandon Alexander Thomas answered on Aug 10, 2019

The court is required to hold a first appearance hearing within 72 hours of arrest to determine if a bond will be set. If it is a misdemeanor she will automatically get. a bond. if it is a felony, she may or may not get a bond, depending on the seriousness of the offense and her criminal history.

1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on
Q: I left my car at the scene when I lost control & hit a tree. No injuries & damage won't be filed. Do I have to report

Vehicle left at scene to retrieve later. No claim to insurance . No injuries

Ecleynne Mercy
Ecleynne Mercy answered on Jul 15, 2019

You can't lie about it. So be careful what you say to the insurance company and if you are still making payments to the lender. However, I would still consult an attorney with more information to make sure you are good.

1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on
Q: Left car at scene when lost control & hit tree. No injuries & damages to my auto only. Am I required to report?
Ecleynne Mercy
Ecleynne Mercy answered on Jul 15, 2019

You can't lie about it. So be careful what you say to the insurance company and if you are still making payments to the lender. However, I would still consult an attorney with more information to make sure you are good.

1 Answer | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: I got pulled over for no insurance and suspended registration. The cop let me fix it all (buying insurance/paying fees)

I have paid all penalties and have insurance now but I have to go to court. This is my first offense, am I facing jail time for this? Do I need a lawyer? I never received the notification in the mail due to moving so I had no idea.

Ecleynne Mercy
Ecleynne Mercy answered on Jul 15, 2019

First up! Officers can absolutely lie to you. If you got a ticket. You still have to answer to the court. You may want an attorney to make sure that none of your rights are violated and that you fully understand the process.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: I got a citation for driver exercise due care in ga. Why is it illegal to turn radio stations while sitting at red light

I was paying attention to the road while driving, but cop stated that i wasnt paying attention to the road. I never held up traffic, nor swerved, nor created an accident. How is it I can get charged with simply turning the radio? The cop didnt even pull me over when he said that i wasnt paying... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

Confirm the reason for the citation first. GEt the police report. Then hire an attorney and fight it. But the law is clear that statute is not referring to the radio.

“Wireless telecommunications device” means a cellular telephone, a portable telephone, a text-messaging device, a...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: What if while changing lanes the other driver speeds up rashly and hits my side view mirror when I'm trying to get over

I had my indicators on to get onto the right lane and there was a distance of at least two cars, my car has cameras and sensors that tell me there was a space of two cars and the moment they saw my indicators they sped up and hit my side view mirror. After wards when we pulled over they got very... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

Hire an attorney and have a trial. You will need to subpoena people and have witnesses if you want to fight this.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: I have green underglow lights on my motorcycle but they don't flash is this illegal in ga.
Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

Georgia law does not restrict additional aftermarket vehicle lighting which would include neon underglow. Therefore it’s our conclusion that in Georgia neon underglow is not illegal, as long as you follow these restrictions:

Red, blue, violet and green colors are expressly forbidden...
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1 Answer | Asked in Traffic Tickets for Georgia on
Q: In Georgia can my tail lights flicker when I press on the brakes.

The lights don't flash unless your pressing on the brakes.

Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

Every motor vehicle manufactured after January 1, 1954, is required to be equipped with two taillights, to be maintained in good repair, and must be wired so as to be lighted whenever the headlights are lighted, and at least one brake light, which must emit a red light upon application of the foot... Read more »

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