Traffic Violations in Georgia

Traffic violations generally are acts that violate the traffic laws of various states or municipalities. In Georgia, a traffic violation is one of the most common criminal offenses. It occurs when a vehicle driver goes against the laws that regulate vehicle operation on streets and highways.

Traffic violations are either minor or major, and the minor types are parking violations, which do not count against a person’s driving record. However, law enforcement can arrest a motorist for unpaid violations. Another type of minor traffic violation is speeding doesn’t often require a court appearance. Regardless of the type, records of traffic offenses are typically included in the offenders Georgia traffic record.

Some traffic violations are much more serious and can lead to severe consequences, like an arrest. These violations include reckless driving or fleeing an accident scene. Drunk driving is another serious traffic violation that is often classified by most states as Driving Under the Influence (DUI).

Most traffic violations are prosecuted as misdemeanor charges, except the very serious ones. In the case of repeat offenses, the state may choose to prosecute the offender at the level of felonies. Misdemeanor charges often do not attract jail time but only the payment of a fine. However, for more serious traffic violations like drunk or reckless driving, the judge has the discretion to apportion jail time or not.

Types of Traffic Violations in Georgia

The State of Georgia classifies traffic violations based on their severity. This classification encompasses all types of traffic violations perpetrated by different road users. A road user in Georgia may commit a moving or non-moving traffic violation.

As the name implies, a moving violation means a violation that occurs while a motorist is driving a motor vehicle. Some common examples are speeding, running a red light, failure to stop, Driving Under the Influence, failure to yield, reckless driving, etc.

On the other hand, a non-moving traffic violation may result from poor or nonworking auto parts. It may be a taillight or headlight out, a loud muffler, etc. Various parking violations are also included as non-moving violations.

Moving traffic violations attract stiffer penalties and may lead to the motorist being placed in jail. The reason is that a moving vehicle poses a higher risk of possible bodily harm or even death to other road users, unlike a stationary vehicle. In the case of non-moving violations, the state considers this type of violation a misdemeanor that can be sorted out by paying a fine. It is also not usually necessary to go to court over non-moving traffic violations.

Apart from the fine and other penalties that a court may impose, an adult driver fingered for a moving violation has to contend with the points added to their license, heavy insurance premiums, cancellation of the policy, suspension of driving privileges, loss of a job or other opportunities.

Like most states, Georgia uses a point system to track bad drivers. These points are assessed against a person’s driver’s license, and the Department of Driver Services decides which violations generate points. The department also maintains the driving records of residents. Some of the traffic violation points that a motorist may get in Georgia include:

Speeding in Georgia attracts two points for driving at 15-18MPH, three points for driving at 19-23MPH, four points for driving at 24-33MPH, and six points for driving at 34MPH or more.
Aggressive Driving in Georgia attracts six points
Four points for Reckless Driving in Georgia
Unlawful Passing of a School bus in Georgia attracts six points
Operating a vehicle while texting attracts one point

State laws view driving in Georgia as a privilege and not a right. So, a dangerous or reckless driver may get a suspended, canceled, or revoked license for accumulating too many points. Appropriate punishments depend on the type of license a motorist carries.

A motorist below 18 can only get a maximum of four points against their license. So, a single violation worth four points will result in a suspension. Drivers below 21 also get a maximum of four points, and a four-point violation will result in a hard suspension. A hard suspension of a person’s driver’s license means that the person is not eligible for any type of permit.

Motorists above 21 only get a maximum of 15 points for two years. It means that if a motorist accumulates 15 or more points within two years, the person’s license will be suspended for a year. If it is the person’s first suspension in five years, they are eligible for a limited use permit.

It is important to note that license points are only added when a conviction is entered. Thus, the department will add fewer points if the original moving violation is reduced to a lesser offense. Sometimes, it may drop to zero, depending on the offense reduction.

Georgia Traffic Violation Code

The Georgia State Code provides for applicable traffic laws in the state. These are located under Title 40 - Motor Vehicles and Traffic; Chapter 6 (Uniform Rules of the Road), Chapter 8 (Equipment and Inspection of Motor Vehicles), and Chapter 14 (Use Of Speed Detection And Traffic-Control Signal Monitoring Devices).

Georgia Felony Traffic Violations

Felony traffic offenses are one of the classifications of offenses in Georgia. These offenses carry harsher penalties and are of two types, serious injury by vehicle and homicide by vehicle in the first degree. A motorist can be guilty of serious injury by vehicle under § 40-6-394 of the Georgia Code if the motorist injures a person while operating the vehicle.

For this offense to stick, the injury must be to the extent that the victim lost a portion or member of the body, was seriously disfigured, or suffered brain damage that led to the loss of use of that boy part. The punishment for this offense is a term of imprisonment not less than a year and no more than 15 years.

Homicide by vehicle in the first degree is provided for in § 40-6-393 of the Georgia Code. A motorist is guilty of this offense if the person without malice causes the death of another person while operating the vehicle. Certain conditions must be present for the offense to stick. These conditions are:

The motorist fled the scene of an accident or the police
The motorist was driving recklessly or under the influence
Overtaking a school bus that stopped to allow children to board or unload makes a motorist guilty of this offense

A conviction for this offense may lead to a minimum of three and a maximum of 15 years in prison.

Georgia Traffic Misdemeanors

Most of the traffic offenses in Georgia are misdemeanors. These offenses are subject to the same penalties as other non-driving or traffic-related misdemeanors. The offender is also subject to a point system that can lead to a driver’s license suspension. Offenses in this category do not often result in incarceration but fines and applicable points.

Interested persons may check the points schedule provided by the Department of Driver Services to know which points coincide with specific driving offenses. Some driving offenses are not listed in the schedule because they result in a mandatory suspension upon conviction. These offenses include:

Driving with a suspended, revoked, or canceled license
Racing on Georgia highways and streets
Driving without an insurance
Driving under the influence of drugs or alcohol

However, it is possible to reduce points on a Georgia driver’s license. Up to seven points can be reduced once every five years, according to §40-5-86 of the Georgia Code. For a driver to qualify, the person must complete a certified Driver Improvement (defensive driving) course. After completing the course, the driver must bring the original certificate of completion to a DDS Customer Service Center or request a points reduction by mail.

To do this, the person has to mail the original certificate of completion to the Georgia Department of Driver Services, P.O. Box 80447, Conyers, Georgia 30013. The department publishes a list of Certified Driver Improvement Schools for interested motorists to take the course.

Georgia Traffic Infractions

Petty offenses or traffic infractions belong to the third category of traffic violation under many state laws. These are violations of administrative regulations, ordinances, municipal codes, and traffic rules in many jurisdictions. Many states do not consider infractions criminal offenses, and as a result, convictions for infractions carry only fines and not incarceration. Most states also consider certain driving offenses or traffic violations, but Georgia does not. A good example is speeding, a mere infraction in many states but a misdemeanor in Georgia under § 40-6-180 of the Georgia Code.

Georgia Traffic Violation Codes and Fines

Motorists in Georgia can get citations for various traffic violations. Many of these violations attract a penalty, fine, and in some cases, additional fees. The amount of fine a motorist gets for a traffic offense depends on the kind of violation. Generally, the fine for misdemeanor offenses in Georgia, according to §17-10-3 of the Georgia Code, is set at a maximum of $1000. Felony offenses in Georgia may attract fines higher than a thousand dollars due to the severity of the offense.

Georgia also has a ‘Super Speeder Law’ that applies to a driver convicted of driving at 75 mph or more on a two-lane road or 85 mph and above; on any road or highway in Georgia. The super speeder law is provided in §40-6-189 of the Georgia Code, and it attaches to any other applicable speeding ticket the motorist gets.

Such a motorist will have to pay an extra $200 on top of any other fines, and the motorist must make the payment within 120 days of getting notice. Failure to make the payment within the stated time will result in a suspension or revocation of the offender’s driving privileges.

How to Pay a Traffic Violation Ticket in Georgia

Local law enforcement agencies in Georgia have to issue traffic tickets to defaulting motorists within the state. The information on the citation helps a motorist to learn more about the traffic violation. Then, the motorist can decide whether to pay the fine or not.

Upon getting a traffic ticket, a motorist should first confirm the traffic violation by looking at the citation. It shows the correct amount and the court to make payment to; this payment must be made in full and to the correct court to be valid.

If the citation does not require a mandatory court appearance, the motorist can resolve the case before the assigned court date by accepting the penalty and paying the fine. Accepting the penalty means pleading guilty to the offense, and by paying before the court date, the motorist does not need to appear in court.

The motorist will need the citation, court case, and driver’s license number to pay the traffic fine. Also, the motorist will need a valid payment method. Georgia provides options to pay online, by phone, or by email. Online payments are to be processed through the court or county’s website. The motorist may use the Judicial Council of Georgia’s Centralized Database to search for traffic citations where the website is not available.

To pay by phone or mail, the motorist may contact the court to arrange for payments. After making said payment, it is important to request proof of payment for personal records. In-person payments may be initiated similarly, except that the motorist must physically visit the courthouse during operating hours.

After paying the fine, the court will forward notice of the conviction to the Georgia Department of Driver Services. Then, the department will place any points associated with the citation on the motorist’s record, and the case closed.

Traffic Violation Lookup in Georgia

Motorists in Georgia may look up traffic violation cases and tickets online. The State of Georgia has a centralized database to search traffic citations. Georgia courts may use any of the options on the website to store violators’ information. Such a violator may use their name, city/county of issuance, and date of birth to facilitate the search.

How to Plead not Guilty to a Traffic Violation in Georgia

Pleading not guilty of a traffic violation in Georgia means that the motorist intends to contest the violation. An affected motorist may mail the courtesy notice back to the court to contest a ticket, with the trial date box checked. Contesting the ticket remains the best way to avoid the point penalty on the motorist’s driving record and the effect on the person’s insurance premiums.

A motorist that intends to plead not guilty must not pay the traffic ticket, as that is an admission of guilt. By doing so, the motorist also waives all rights to challenge the traffic ticket in court.

The court does not need notice of a motorist’s intention to plead not guilty and contest the violation. Rather, all the motorist has to do, is appear in court on the hearing date printed on the ticket. It is advisable to hire an attorney because they have the legal expertise and court relationship to give the case a good outcome.

What Happens if You Plead No Contest a Traffic Violation in Georgia

A plea of no contest or nolo contendere to a traffic violation in Georgia is an admission of guilt. It is an intermediate plea between guilty and not guilty; the defendant pleading ‘no contest’ does not deny the violation but does not admit it either. However, the motorist will be sentenced as though they admitted guilt.

The effect of a ‘no contest plea’ is that the plea cannot be used against the defendant in another cause of action. Suppose a motorist is cited for an offense that may be reported on the person’s Motor Vehicle Report (MVR), otherwise called a Georgia Driving History Report. These offenses include speeding, driving on a suspended license, failing to maintain a lane, hitting and running, etc.

The motorist may make a nolo plea, which will prevent the admission of guilt from being used in a civil case for damages or compensation. After most criminal trials, there is a civil suit for damages, and an admission of guilt will make a motorist liable. Pleading no contest is one way to avoid this. Georgia allows motorists to enter a ‘no contest plea’ once every five years, and the presiding judge has the discretion to accept or turn down the plea.

How Long Do Traffic Violations Stay on Your Record?

The effect of a motorist pleading guilty to a traffic violation is that the Department of Driver Services will report the violation on the person’s driving record. It is reported in the form of demerit points, and an accumulation of these points can negatively affect the person’s driving privileges and insurance. Insurance companies will regard the motorist as high-risk, making the person pay more for premiums.

Generally, points stay on a person’s driving record for two years and drop after twenty-four months from the date it was added. For motorists below 18, the duration is 12 months. The date of the violation is taken into consideration to determine the twenty-four months or twelve months duration and establish when the points should fall off.

Can Traffic Violations Be Expunged/Sealed in Georgia?

A Department of Driver Services (DDS) record contains all of a person’s traffic offenses or violations. Employers or insurance companies may use the record to assess a person. So, it may be necessary for a motorist to get those records expunged or sealed.

In Georgia, the procedure for getting points of violations removed from a person’s driving record is called a points reduction. It may be used where the motorist cannot wait for the statutory two-year lookback period to elapse. As stated earlier, the driver must complete a driver improvement course and present the certificate of completion to get those points taken off.

What Happens if You Miss a Court Date for a Traffic Violation in Georgia?

When a motorist signs a traffic ticket, the motorist promises to appear in court by that signature. If the motorist does not pay the fine before the court date or get the date moved by the court, then the motorist must show up in court. Missing a court date in Georgia is a serious criminal offense, known as ‘’Failure to Appear’ under § 40-13-63 of the Georgia Code.

Once a motorist fails to appear, such a person has lost the option to pay the fine before the next court date and must appear before a judge. The motorist may prepare a defense, showing a good reason for not appearing. In that case, the judge may not issue a penalty. However, where sufficient reasons are not given, the court may impose fines or even suspend the person’s driving license.

To get the license reinstated, the motorist will need a letter from the court stating that the violation has been sorted out. Then, the motorist may take the letter to the Georgia Department of Driver Services to apply for reinstatement. Alternatively, the court may issue a bench warrant for the motorist’s arrest.