A speeding ticket is a form of moving violation (a traffic offense which occurs when the driver of a moving vehicle breaks a traffic law). Fines for speeding tickets in Jackson County, Banks County, Jefferson, Commerce, Braselton, Arcade and Hoschton Georgia may range from approximately $125 to $1,000.00, depending on your speed and your prior history. Points assessed on a person’s driving record may range from 2 points to 6 points, depending upon how fast the driver was going (how many miles per hour above the speed limit). Points on a person’s driving record can lead to driver’s license suspension and increased insurance premiums. By working with Scott Tolbert, a driver has the opportunity to contest a ticket and avoid these consequences. 

Attorney Scott Tolbert offers a free consultation to discuss your ticket with you and to see how he can help. With proper legal representation, you have the opportunity to avoid increased insurance costs that could last for years. 

Out of State Drivers 

If you live outside of the state of Georgia, the law firm of Scott R. Tolbert can assist you in paying your fines and negotiating an appropriate disposition or plea. In most circumstances Scott Tolbert can assist in either lowering the speed of your ticket or get an alternate offense negotiated. These types of dispositions or pleas can eliminate points and costly insurance hikes. For many drivers, including those from North and South Carolina, many pleas in Georgia courts can suspend their license to drive. 

Georgia Drivers 

If you are over the age of 21 and have a Georgia drivers license, a single speeding ticket will not result in a suspension of your driver's license, unless a judge orders that your license is suspended upon a conviction. The Georgia Department of Driver Services is the government agency that regulates Georgia drivers. The Georgia Department of Driver Services suspends the driver’s license of any person who has accumulated 15 or more points in any consecutive 24 month period as measured from the dates of previous arrests for which convictions were obtained to the date of the most current arrest for which a conviction is obtained. Under Georgia law, a Georgia speeding ticket is not the only offense for which points are assessed against a driver’s license. There are numerous other offenses which can contribute towards the point count on a driver’s license. 

Super Speeder Law 

The additional $200 fine assessed for a Georgia speeding ticket, which falls under Georgia's "super speeder" law. If you receive an assessment for a Georgia speeding ticket because of the Georgia "super speeder" law, you should recognize that the fine assessed by the Georgia Department of Driver Services will be separate from the fine imposed for the speeding ticket by the traffic court. If you are charged with a Georgia speeding violation, you need a Georgia speeding ticket lawyer that can help you avoid the penalties assessed by Georgia's "super speeder" law. 

Georgia Super Speeder Information (PDF) 

CDL Regulations 

There is a new set of safety regulations being issued by the Department of Transportation that will greatly affect all CDL drivers in the United States. In the past a citation could be reduced to a non-reportable violation or a violation that did not carry points. This is no longer the case. According to the new standards, each violation is given a severity level, including non-moving violations. The only way to avoid the points from appearing on the driver's record is if the citation is dismissed, adjudication withheld or deferred prosecution. 

Comprehensive Safety Analysis 2010 (PDF) 

License Suspensions and Revocations 

The State of Georgia considers dangerous, negligent, or incompetent drivers to be a menace to the safety of the general public; therefore, you must not abuse your privilege to drive or you may lose it. As long as you remain a resident of Georgia, your driving record will be on file with the Department of Driver Services.

There are three ways by which you may lose your driving privileges 

Cancellation: The Department of Driver Services is authorized to cancel your license if you fail to give the required or correct information needed in your application or if you are otherwise ineligible. You may reapply once you satisfy the requirements. 

Revocation: When your license is revoked your driving privileges are terminated and withdrawn until the end of the period of time prescribed by the formal action of the Department. At the expiration of the revocation period, you may apply for a new license once you satisfy the requirements. 

Suspension: When your license is suspended, your driving privilege is temporarily withdrawn for a specific period of time. At the expiration of the suspension period, you may apply for a license once you satisfy the requirements. 

Reporting Convictions 

After a conviction of a traffic offense, the court will forward notice of that conviction to the Department. 

Mandatory Suspension 

The Department shall suspend a license for a conviction of any of the following offenses in Georgia or any other state:

1. Homicide by vehicle.

2. A conviction for driving under the influence of alcohol or drugs.

3. Any felony in the commission of which a motor vehicle is used.

4. Using a motor vehicle in fleeing or attempting to elude an officer.

5. Fraudulent or fictitious use of, or application for a license.

6. Hit and run or leaving the scene of an accident.

7. Racing.

8. If you refuse to take a chemical test for intoxication, then your license will be suspended for 12 months.

9. Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15.

10. Conviction for driving without insurance is a 60/90-day suspension.

11. If convicted for driving while license is suspended, revoked or canceled, your driver's license will be further suspended for six months.

12. If you fail to appear in court or respond to a citation, your license may be suspended indefinitely.

13. Your driver's license will be suspended if you are convicted of possession, distribution, manufacture, cultivation, sale or transfer of a controlled substance or marijuana.

14. The Department is authorized to suspend your license if its records or other evidence shows that you have accumulated 15 points within 24 months under the point system, including violations committed out of state. 


Point System 

Points are accumulated for: 

Reckless Driving: 4 points

Unlawful passing school bus: 6 points

Improper passing on hill or curve: 4 points

Speeding:

  15 mph but less than 19 mph: 2 points

  19 mph but less than 24 mph: 3 points

  24 mph but less than 34 mph: 4 points

  34 mph or more: 6 points

Disobedience of any traffic-control device or traffic officer: 3 points

Possessing an open container of an alcoholic beverage while driving: 2 points

Failure to adequately secure a load: 2 points

All other moving violations: 3 points Child restraint - 1st offense: 1 point Child restraint - 2nd and subsequent offense: 2 points

Aggressive driving: (A conviction of aggressive driving by a person under 21 years of age will result in a suspension of the driver's license.): 6 points

HOV lane violation - 4th and subsequent offense: 1 point 

Mandatory Revocation 

Your driver's license will be revoked in Georgia, if you are convicted of one of the following: 

1.For any third conviction of a mandatory suspendable offense within 5 years, you will be declared a habitual violator. This is a five-year revocation.

2.Refusal to submit to a re-examination of driving skills or knowledge of driving rules after receiving notice giving reasonable grounds for such a request.

3.If there is sufficient evidence of incompetence or unfitness to drive, due to incapabilities by reason of disease, mental or physical disability, or by alcohol or drug addiction. 

Limited Driving Permits 

If you are suspended for a first mandatory conviction, a first or second DUI conviction, or a first or second points suspension, you may be eligible to apply for a limited permit. Limited Driving Permits may be obtained for: 

1.Going to your place of employment or performing the normal duties of your occupation.

2.Not having a form of transportation to receive prescribed medical attention or obtaining prescribed drugs.

3.Attending classes at a college or other regularly scheduled school in which you are enrolled.

4.Attending a driver education, or assessment and treatment program court ordered.

5.To and from Ignition Interlock Centers. 

The Department may specify specific places you may travel to, specific routes of travel, times of travel, specific vehicles or other restrictions the Department may deem necessary. A limited permit will be non-renewable and will become invalid on the expiration date of permit. 

Upon the conviction of a second DUI, such person may apply for and be issued an ignition interlock device limited driving permit at the end of 12 months after the suspension of the driver's license. To be eligible for an interlock permit the licensee must submit proof of completion of DUI alcohol or drug risk reduction program, clinical evaluation, enrollment in treatment or completion of treatment if required by evaluation and installation of an interlock device. At the end of such six-month ignition interlock device limited driving permit, driver may apply for reinstatement of driver's license upon payment of the proper fee. 

Under 21 Years of Age Suspension 

The driver's license of any person under 21 years of age convicted of any of the following offenses shall be SUSPENDED: 

1. Hit and run or leaving the scene of an accident in violation of Code Section 4-6-270.

2. Racing on highways or streets.

3. Using a motor vehicle in fleeing or attempting to elude an officer.

4. Reckless driving.

5. Any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57.

   * Unlawful passing of a school bus.

   * Improper passing on a hill or curve.

   * Exceeding the speed limit by 24 miles per hour or more.

6. Purchasing an alcoholic beverage.

7. Driving under the Influence.

8. Aggressive Driving, Code Section 40-6-397. (Item #5)

9. Misrepresenting age for purpose of illegally obtaining any alcoholic beverage (3-3-23 (a) (3)).

10. Misrepresenting identity or using false identification for purpose of purchasing or obtaining any alcoholic beverage (3-3-23 (a) (5) ).

11. The driver's license of any person under 18 years of age who has accumulated a violation point count of four or more points within any 12 month period. 

DUI 

A person whose driver's license has been suspended for driving under the influence shall not be issued a new driver's license without submitting proof of completion of DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services and payment of a $210 fee if processed in person or $200 if processed by mail. The length of suspension shall be as follows: 

A person whose driver's license has been suspended under subsection (a) of Code Section 40-5-57.1 shall: Except as otherwise provided by paragraph (2) of Code Section 40-5-57.1: 

(A) Upon a first suspension, be eligible to apply for and, subject to the requirements of Code Section 40-5-27 and payment of the required fees, be issued a new driver's license 120 days from the effective date of suspension; and 

(B) Upon a second or subsequent such suspension, be eligible to apply for and, subject to the requirements of Code Section 40-5-27 and payment of required fees, be issued a new driver's license 18 months from the effective date of suspension. 

If the driver's license was suspended for violation of Code Section 40-6-391 and the driver's alcohol concentration at the time of the offense was 0.08 grams or more, be eligible to apply for and, subject to the requirements of Code Section 40-5-27 and payment of required fees, be issued a new driver's license 18 months from the effective date of suspension. 

Effective July 1, 2008, two or more DUI convictions in a ten year period require clinical evaluation and treatment. 

Prior to July 1, 2008, two or more DUI convictions in a five year period require clinical evaluation and treatment. 

Controlled Substance Or Marijuana

A person charged with possession, distribution, sale, use, etc., of a controlled substance, will be treated as follows. You do not have to be in a motor vehicle when these violations occur, for your license to be affected.

• For first conviction, license will be suspended for 180 days from conviction date, license surrender date, or process date. May reinstate with DDS-approved Drug Use Risk Reduction Program certificate and payment of a $210 fee if processed in person or $200 if processed by mail. 

• If charge was for possession of marijuana, less than 1 oz, and plea was nolo contendere, a DDS-approved Drug Use Risk Reduction Program certificate may be presented within 120 days of conviction date, and reinstatement fees are waived. 

• In some cases, the driver must apply for reinstatement to begin counting time toward the suspension period. Please contact DDS for additional details. 

Please contact DDS at the number below for specific information regarding suspensions and reinstatements of all other controlled substance convictions. 

How do I get my license reinstated 

You may contact the Department Of Driver Services 678-413-8400, or toll-free 866-754-3687 (inside Georgia but outside Metro Atlanta Area). Representatives are available Monday through Friday, 7:00 am until 5:15 pm to assist with reinstatement questions. 

OR 

You may submit a letter requesting reinstatement requirements to: Georgia Department of Driver Services, Post Office Box 80447, Conyers, Ga. 30013. This request must contain your name as it appears on your driver’s license, license number, date of birth, correct mailing address, and your signature. 

OR 

You may visit one of the Department of Driver Services Customer Service Centers that offers full reinstatements.

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