Being knowledgeable about traffic laws and violations in Georgia is crucial for all drivers. With this knowledge, individuals operating a motor vehicle in the state can comply with road rules and avoid potential penalties.
In Georgia, traffic rules are enforced by the Georgia Department of Driver Services (DDS) and various law enforcement authorities, such as the Georgia State Patrol (GSP). These agencies collaborate to guarantee that traffic laws are upheld and penalize those found violating them.
Traffic violations in Georgia can have severe consequences. Depending on the nature and severity of the violation, drivers may face fines, license suspension or revocation, and even imprisonment. Additionally, traffic violations can increase insurance premiums, making it more expensive for individuals to maintain coverage.
To avoid these legal ramifications, drivers in the state must practice responsible driving. By doing so, drivers contribute to the overall well-being and safety of themselves and others on the road.
What Are the Major Traffic Violations in Georgia?
In Georgia, traffic violations pertain to offenses connected with driving or the use of roads. These offenses are typically categorized as either violations or infractions, with further sub-classifications as felonies and misdemeanors based on severity.
Traffic violations are serious offenses that result in significant consequences, such as substantial fines or imprisonment. Conversely, traffic infractions are less severe offenses, and those found guilty may be subject to penalties, required to complete community services, or face court-imposed sanctions.
Below are some of the most common traffic violations in Georgia:
Driving on a Suspended License
Georgia Code Section 40-5-20 mandates that no person, unless exempt, shall drive any motor vehicle upon a highway unless such person has a valid driver's license for the type or class of vehicle being driven. Therefore, it is illegal in the state to drive a car with a suspended license.
According to the Georgia Code Section 40-5-121, individuals driving with a suspended license will be charged with a misdemeanor.
For a first offense, the penalty includes a minimum of two days and a maximum of 12 months of jail time, along with fines of up to $1,000. Subsequent offenses carry heavier penalties, with jail time ranging from ten days to 12 months and fines ranging from $1,000 to $2,500.
Speeding
Speeding is a prevalent traffic violation in Georgia. It occurs when a driver exceeds the permitted speed limit. Additionally, drivers can have this charge if they operate their vehicles at an unreasonable and imprudent speed, considering the prevailing conditions and hazards, as stipulated in Georgia Code Section 40-6-180.
Engaging in speeding violations can lead to a misdemeanor offense, with a potential jail term of up to 12 months. Furthermore, fines for speeding violations in Georgia vary based on how much the driver exceeded the speed limit.
For first-time offenders, the maximum fines are structured as follows:
- 5-10 mph over: $25
- 10-14 mph over: $100
- 15-18 mph over:$125
- 19-23 mph over: $150
- 24-33 mph over: $500
Moreover, Georgia has implemented the Super Speeder law, detailed in the Georgia Code Section 40-6-189. This law imposes an additional surcharge on "Super Speeder" drivers.
A driver is classified as a "Super Speeder" if they are caught driving at speeds of 75 mph or higher on a two-lane road or 85 mph or higher on other roadways. Super Speeders are required to pay an extra $200 fee in addition to the regular speeding fine.
Furthermore, speeding violations can accumulate points on a driver's license, in addition to potential fines and jail time.
Disregarding Traffic Control Devices or Signal
Disregarding a traffic control device or signal is considered a traffic violation in Georgia, as outlined in Georgia Code Section 40-6-20. According to this law, drivers must adhere to the instructions provided by official traffic control devices, including traffic lights and stop signs, unless instructed otherwise by a police officer.
Disregarding or disobeying a traffic control device is a misdemeanor offense. Individuals who commit this violation may be subject to a maximum fine of $1,000 and may have points added to their driving record.
Following Too Closely
In accordance with Georgia Code Section 40-6-49, it is unlawful for a motor vehicle driver to tailgate another vehicle without considering the car's speed, traffic conditions, and highway conditions.
When found guilty of following too closely, drivers may face consequences such as receiving points on their driver's license. Apart from the points, monetary penalties are involved, with first-time offenders typically facing fines of approximately $175 in addition to potential court costs.
Driving Under the Influence
Driving under the influence (DUI) is a grave traffic offense that is treated seriously in all states, including Georgia.
According to Georgia Code Section 40-6-391, there are various types of DUI offenses in the state, including:
- Driving under the influence of alcohol, drugs, or other intoxicating substances
- Driving with an alcohol concentration of 0.08 grams or more within three hours of driving
- Driving with any amount of a controlled substance in the person's blood or urine
The penalties for a DUI conviction vary depending on the number of prior offenses. For a first conviction, the penalties include a fine ranging from $300 to $1,000, 40 hours of community service, 12 months of probation, and 24 hours of jail time. The driver's license is also suspended for a year, with the option of a limited permit for the initial 120 days.
For a second conviction, the penalties include a fine of $600 to $1,000, 30 days of community service, 12 months of probation, and 72 hours of jail time. The driver's license is suspended for three years, with a "hard" suspension for one year, followed by a six-month limited permit.
In the case of a third conviction, the penalties escalate to a fine of $1,000 to $5,000, 30 days of community service, 12 months of probation, and 15 days of jail time. The driver's license is revoked for five years, with a "hard" suspension for two years and a three-year limited permit.
Reckless Driving
Reckless driving is a grave traffic offense that individuals can commit in Georgia. Georgia Code Section 40-6-390 defines this violation as operating a vehicle with a complete disregard for the safety of people or property.
Classified as a misdemeanor, the penalties for reckless driving can be severe. Upon conviction, individuals can face a fine of up to $1,000 or imprisonment for a maximum of 12 months. The court also holds the authority to suspend the sentence, stay its execution, or place the offender on probation.
If a person is seriously injured due to reckless driving, the offender can be sentenced to up to 15 years in prison per injury, with consecutive serving of sentences. In the event of death caused by reckless driving, the offender may be charged with three to 15 years in prison per death, also served consecutively.
Leaving the Scene of Accident
Leaving the scene of an accident, commonly referred to as a "hit and run," is a severe offense under Georgia law.
According to Georgia Code Section 40-6-270, drivers involved in accidents resulting in injury or death must stop immediately, provide aid to injured individuals, and share their contact and insurance information. Failure to fulfill these responsibilities results in a hit-and-run offense.
The penalties for leaving the scene vary based on the severity of the incident. If the accident causes only property damage, it is classified as a misdemeanor, leading to a fine of up to $1,000 and a jail term of up to 12 months.
However, if the accident involves injury or death, the offense escalates to a felony. In such cases, penalties range from one to five years in prison for injuries and one to 20 years for fatalities.
In addition to these repercussions, individuals guilty of this offense can have their license suspended and be obligated to compensate victims for damages incurred.
How Does Georgia's DMV Point System Work?
The Georgia DDS utilizes a point system to monitor traffic infractions and identify drivers with higher risk profiles. This system allows the DDS to maintain a comprehensive record of points assigned to a driver's license for moving violations.
The point system in Georgia assigns two to six points for each violation, with more severe offenses carrying higher point values. For instance, speeding violations have varying point allocations based on the extent to which drivers exceed the legal speed limit. The specific points assigned for different speeds are as follows:
- Speeding 14 mph or less: 0 points
- Speeding 15-18 mph:2 points
- Speeding 19-23 mph:3 points
- Speeding 24-33 mph: 4 points
- Speeding 34 mph or more: 6 points
Other offenses, such as disregarding traffic devices, failure to obey a person directing traffic, and tailgating violations, add three points to a driver's record. However, four points are added if a driver is caught engaging in reckless driving.
For a comprehensive breakdown of the specific points assigned by the DDS for various traffic violations, individuals can refer to the Points Schedule available on the official DDS website.
Penalties For Accumulating Points in Georgia Driving Record
In Georgia, drivers who accumulate sufficient points on their driving record face various penalties.
If a driver amasses up to 15 points within 24 months, the DDS may suspend their license. However, for drivers under 21 years old, just four points can lead to a suspension. The duration of suspension varies based on prior offenses, ranging from six months for a first offense to up to five years for subsequent violations.
Aside from license suspension, excessive points can result in substantial fines, potential imprisonment, and increased insurance premiums due to the perceived higher risk.
To monitor their point total and assess the risk of suspension, drivers in Georgia can use DDS Online Services or download the DDS 2 GO Mobile App.
Points Reduction in Georgia Driving Record
Points on a Georgia driver's record are retained for two years. However, there is an option for individuals who wish to have points removed from their records before the two-year period expires.
Individuals can legally request a points reduction of up to seven points once every five years. To initiate the process of points reduction, the individual must complete a driver improvement course and obtain a certificate of completion from the course. This certificate must then be presented to any DDS location or sent by mail to the following address:
Georgia Department of Driver Services
P. O. Box 80447
Conyers, Georgia 30013
Note that the course must be completed at a DDS-approved driving school. For a comprehensive list of certified defensive driving schools in the state, visit the Certified Driver Improvement Schools page on the official DDS website.
What Is the Process for Handling Traffic Tickets in Georgia?
Individuals who received traffic tickets in Georgia have two options for handling it. They can either pay the fine or contest the ticket in court. Below is a detailed information for each option:
Pay the Traffic Ticket
Individuals who decide to pay for a traffic ticket must follow the proper procedures to resolve the case legally.
To begin with, individuals must carefully review their traffic citations to confirm their violation and the specific court handling their case.
In cases where a court appearance is not mandatory, individuals can settle the matter before their scheduled court date by paying the fine and accepting the penalty.
To pay the traffic fine, individuals must have their court case number, citation number, or driver's license number. Additionally, they should ensure they have a suitable payment method ready. Most Georgia courts accept online, phone, mail, or in-person payments.
Those who prefer to pay their ticket online can visit the court's or county's website. If the county or court does not have an online platform, individuals can search for their traffic citation using the Judicial Council of Georgia's Centralized Database.
If an individual pays in person, they must visit the courthouse during operating hours. However, if they opt for payment by phone or mail, they should reach out to the court to make the necessary arrangements. Keep in mind that requesting proof of payment is essential for personal records.
Upon payment, the court will notify the DDS of the conviction. The points associated with the citation will then be recorded on the individual's driving record, and the case will be officially closed.
Contest the Ticket
Contesting a traffic ticket requires careful consideration and adherence to the legal process. To proceed, the individual must confirm their court date by referring to "Section IV: Summons" on the traffic citation.
On the day of the court appearance, arriving early and locating the assigned courtroom is advisable. It is essential not to miss the court date, as failure to appear may result in the court requesting the DDS to suspend the individual's driver's license until the case is resolved.
During the court appearance, the judge will carefully listen to the individual's plea and subsequently make a decision.
At this point, the individual has several options. They can plead guilty and pay the fine, plead not guilty and request a jury trial, or plead no contest. To better understand the implications associated with each plea, individuals can refer to the Traffic Court Reference Manual.
If the individual pleads not guilty during the arraignment, the court may schedule a trial to hear the case. However, if the court ultimately finds the individual guilty, the conviction will be forwarded to the DDS, and any points related to the citation will be added to the individual's driving record.
How Are Accident Reports Handled in Georgia?
In Georgia, handling accident reports is governed by the Georgia Code Section 40-6-273.
According to this law, any driver involved in an accident resulting in injury, death, or property damage of $500 or more must promptly report the incident to the appropriate authorities.
If the accident occurs within a municipality, the driver should immediately notify the local police department. However, if the accident occurs outside of a city, the report should be made to either the county sheriff's office or the nearest state patrol office.
When submitting a report, individuals must provide specific details, including the following:
- Identification of all parties involved
- Description of the vehicles
- The road conditions at the time of the accident
- The directions in which the vehicles were traveling
- Any injuries sustained
- The point of impact
- Potential contributing factors such as speeding, distracted driving, impaired driving, or road defects
How To Get a Copy of a Crash Report in Georgia?
Obtaining a copy of an accident report is crucial for individuals involved in a collision in Georgia. This document provides an impartial and official account of the incident, which is essential for insurance claims and legal proceedings.
Insurance adjusters rely heavily on the details in the accident report when deciding whether to approve or deny a claim. For those pursuing legal action, attorneys require this report to support their case, as its contents can significantly influence the outcome.
Individuals can contact the law enforcement agency responding to the accident scene to obtain a crash copy.
Interested parties can also request a copy from the Georgia Department of Transportation (GDOT) if available. This can be done by submitting an Accident Request Form or purchasing directly from the Buycrash online platform.
What Should Drivers Know about Traffic-Related Arrests in Georgia?
In Georgia, drivers should be aware of the implications of traffic-related arrests. These arrests can occur for a variety of violations, such as DUI, reckless driving, hit and run, or eluding law enforcement.
When pulled over for a traffic violation, drivers may undergo field sobriety tests. If suspected of impaired driving, they may be asked to undergo a breath, blood, or urine test. If the officer has probable cause to believe a crime has been committed, the driver can be placed under arrest.
At this point, the driver will be read their Miranda rights and taken into custody. Among the rights that drivers must be aware of include:
- The right to remain silent and refuse to answer questions
- The right to have an attorney present during questioning
- The right to a speedy trial
- The ability to confront witnesses against them
Note that there can be severe consequences for those arrested due to a traffic violation in Georgia. These consequences include:
- Fines
- Jail time
- Suspension or revocation of driver's license
- Increased insurance rates
- A permanent criminal record that can impact employment and other opportunities
If an individual is arrested for a traffic violation, it is strongly advised that they consult with a criminal defense attorney as soon as possible. A qualified attorney can provide guidance and support, protect the individual's rights, challenge the charges, and work to minimize the potential consequences they may face.