JLA Law Group

Traffic Violation Defense in Georgia

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Traffic violations in Georgia range from minor infractions to serious offenses that can result in jail time and license suspension. Georgia uses a points system under O.C.G.A. § 40-5-57 where accumulating 15 points within 24 months results in license suspension. In Gwinnett County, traffic courts process thousands of cases each year, and legal representation can make the difference between a simple fine and lasting consequences.

The most serious traffic violations include: driving on a suspended license (O.C.G.A. § 40-5-121), aggressive speeding (over 85 mph or more than 35 mph above the limit), reckless driving (O.C.G.A. § 40-6-390), and evading police. These can result in misdemeanor or felony charges, significant points on your license, and a drastic increase in your insurance premiums.

For immigrant drivers, traffic violations can have implications beyond fines and points. Driving without a license is common in the immigrant community when the state does not offer licenses to individuals without legal status. Multiple traffic violations can affect the good moral character requirement for immigration applications. An attorney who understands both traffic law and immigration law is essential.

Steps You Should Take

1

Do Not Ignore the Citation

Failing to appear in court results in a bench warrant for your arrest and additional license suspension. If you received a citation, you are required to appear in court or have an attorney represent you on the date indicated.

2

Call (770) 609-9396 Before You Pay

Paying the ticket is the same as pleading guilty. Before you pay, consult with an attorney about options to reduce charges, avoid points, and protect your record.

3

Gather Evidence

If you believe the ticket was unjust: photos of signage, road conditions, radar calibration records (if applicable), and any witnesses. Errors by the officer on the citation can also be grounds for dismissal.

4

Check Your Points Record

Request your driving history from the Georgia DDS to find out how many points you currently have. If you are close to 15, it is even more urgent to fight the current case.

Frequently Asked Questions

How many points does each violation carry in Georgia?
Speeding 15-18 mph over the limit: 2 points. 19-23 mph: 3 points. 24-33 mph: 4 points. 34+ mph: 6 points. Reckless driving: 4 points. Failure to obey a traffic signal: 3 points. 15 points within 24 months will suspend your license.
Can I attend traffic school to reduce points?
Georgia does not have a formal point-reduction traffic school system like some other states. However, an attorney can negotiate with the prosecutor to reduce the charge to a violation carrying fewer points or to a charge with no points (nolo contendere in certain cases).
What happens if I get a ticket for driving without a license?
Driving without a valid license is a misdemeanor under O.C.G.A. § 40-5-20 carrying up to $1,000 in fines and 12 months in jail. If your license was suspended, the penalties are more severe under O.C.G.A. § 40-5-121. If you have never had a license, the penalties may be less severe.
Should I just pay the ticket or fight the case?
Paying a traffic ticket is the same as pleading guilty. Points are added to your record, your insurance may increase, and it remains a permanent conviction. In many cases, an attorney can negotiate a reduction that avoids points and keeps your record clean.
Do traffic tickets affect my immigration?
Minor traffic infractions generally do not affect your immigration status. However, accumulation of multiple violations, repeatedly driving without a license, or serious violations such as reckless driving or evasion can affect the good moral character requirement for naturalization and other immigration benefits.

Applicable Laws

O.C.G.A. § 40-5-57Georgia points system: 15 points within 24 months suspends the license.
O.C.G.A. § 40-6-181Speed limits in Georgia and penalties for speeding.
O.C.G.A. § 40-6-390Reckless driving: operating a vehicle with reckless disregard for safety.
O.C.G.A. § 40-5-121Driving on a suspended or revoked license: misdemeanor carrying up to 12 months.

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