GEORGIA TRAFFIC OFFENSES
Augusta Georgia Traffic Crime Lawyer
Our Augusta attorneys handle the following traffic offenses in Georgia:
| Speeding Drunk driving - DUI Hit and Run Driving on a suspended license Improper movement No registration |
No license |
Georgia Driving Laws
Georgia driving laws were enacted to prevent unsafe driving and to keep the roads safe. Driving is a privilege and not a right. The government can take back you license if you violate driving laws in Georgia. If you have been ticketed or charged with a traffic crime, contact an experienced Georgia traffic attorney. An experienced traffic attorney can help you deal with the complex Georgia traffic laws.
Moving and non-moving violations
There are two types of violations: moving and non-moving. Violations directly related to driving like speeding, running a red light or failing to yield to a driver who has the right of way are moving violations. Others violations like parking, physical state of the vehicle, etc are non-moving violations.
The Point System
Under the points system, drivers are assigned certain number of points based on the violations. This system is designed to make the roads safe and to keep dangerous drivers off the road. The license is suspended if the accumulated points exceed a pre-determined limit. Points accrued in other states are also counted when calculating the accumulated pointed. Your license will be automatically suspended if you accumulate 15 points over a 24 month period.
Here’s how the points system works in Georgia:
Speeding
- 15-19 MPH over the speed limit: 2 points
- 19-24 MPH over the speed limit: 3 points
- 24-34 MPH over the speed limit: 4 points
- 34 MPH or higher over the speed limit: 6 points
Other violations
- Illegally passing a school bus: 6 points
- Aggressive driving: 6 points
- Failure to secure an infant or child: 1 point for the first offense, 2 points for the second offense
- Driving with an open alcoholic container: 2 points
- Failure to secure a load: 2 points
- Failure to follow a traffic signal or command by an officer: 3 points
- Illegal passing: 4 points
- Reckless driving: 4 points
To know more about the points system in Georgia, contact an experienced Georgia traffic attorney.
The license of a driver under 18 will be suspended if he or she accumulates four points. Certain charges including speeding, running a red light or failing to yield to a driver who has the right of way can result in automatic suspension of the license if the driver is under 21.
Getting Back Suspended License
How long your license will remain suspended depends on many factors including the number of points and any repeat offenses. The period of suspension can be fairly short or really long. An experienced Georgia traffic attorney can get you permission to drive to and from work if your license is suspended.
Fleeing & Eluding
If a police officer orders you to stop, you are required by law to stop. If you do not stop, you will be guilty of fleeing and eluding. You are required by law to stop when the officer driving behind you activates his or her lights and siren.
The police car must be clearly marked and the office must display a badge so that you can identify him or her as a police officer. For safety reasons, you can drive to a well lit place before stopping. You can be pulled over by unmarked cars also. If in doubt, call 911 to confirm.
Fleeing and eluding is a criminal offence. Simple fleeing and eluding is a misdemeanor.
Fines for fleeing and eluding
- First conviction - $300 to $5000
- Second conviction within a five year period - $500 to $5000
- Third conviction within a five year period - $500 to $5000
You will be committing a felony if you drive 10 miles over the speed limit while fleeing. You could face a prison term of one to five years. Even if you are driving well within the speed limit but injure someone or leave the state of Georgia while fleeing, you will be committing a felony.
Aggressive driving
Engaging in unsafe driving practices including weaving in and out of traffic, driving at an excessive speed, driving too fast for the conditions, or failing to yield to other vehicles that have the right of way can result in you being charged for aggressive driving, a serious offense which attracts heavy fines. In addition to heavy fines, you may you may have to pay more for car insurance, or even have your insurance revoked. A conviction for aggressive driving can accumulate 6 points on your license.
Driving on a suspended license
In most states including Georgia, driving on a suspended license is a criminal offense and you could face a prison sentence. If you move to a new state, you must get a new license within a fixed deadline after which your old license will be considered invalid and you will be committing a crime if you drive on your old license. If you are convicted of driving on a suspended license, you are not allowed to get a limited-use permit to drive to and from work or school.
Penalties for driving on a suspended license
If you have been convicted for the first time, you face a 2 day prison term plus fine of at least $500 plus additional six month suspension of your license over the current suspension. You may have to take a defensive driving test and pay license reinstatement fees. If you are convicted for a second time within a five year period, you face a ten day prison term plus fines ranging from $1,000 to $2,500. More time will be added to the current suspension. If you are convicted for a third time within a five year period, you will be labeled a habitual violator and you could loose your license for two years.
Driving without a license
In Georgia, driving without a license is a crime. It doesn’t matter whether it was revoked, suspended or you never got on in the first place.
Driving without insurance
If you are caught driving without insurance, you can loose your license for 60 to 90 days.
Leaving the scene of an accident
Leaving the scene of an accident can be a crime. If you are involved in an accident, you must follow certain procedures. If anyone is injured in the accident, you must report the accident to the police and wait for the police to complete the formalities. You are also duty bound to help the injured and call for an ambulance or the paramedics. You may be guilty of a felony – hit and run- if you flee the scene before the police arrive and if someone dies as a result of the accident, even if you didn’t cause the accident.
You must reasonable effort to contact the owner of any property damaged in the accident.
Vehicular homicide
If you cause an accident that result in the death of another person who might have been in your own vehicle or in another vehicle or a pedestrian, you will be charged with vehicular homicide if the police and the prosecution believe that you were operating the vehicle illegally or driving in an illegal manner - under the influence of drugs or alcohol, speeding, driving extremely recklessly or a wide variety of other illegal actions. The penalties for vehicular homicide range from fines and probation to a year in jail.
Feticide
The killing of a fetus, unborn child is called as feticide. You will be charged with vehicular feticide if you cause an accident that result in the death of a viable fetus. A viable fetus is one that is sufficiently developed to survive outside the womb, even if it must be hospitalized and cared for in a neonatal unit. If the accident was caused by a serious traffic violation, you will be guilty of first degree feticide. An accident caused by a less serious traffic violation can result in a charge of second degree feticide.
Penalties for feticide
- First degree feticide - two to fifteen years in prison.
- Second degree feticide - up to 12 months in prison.
Reckless driving
If your driving violation is so severe that it endangers the lives of others, you will be charged with reckless driving. Reckless driving includes excessive speeding, veering in and out of traffic or any of a number of other driving violations if your violation is so severe others were put in danger. Reckless driving is a criminal misdemeanor which can result in a fine up to $1000 and prison term of a year. You will accumulate points on your license and risk loosing your insurance.
Road rage
Road rage refers any inappropriate gesture or behavior that is aggressive in nature. Although not illegal in itself, it may result in to moving violations or even arrest. Examples of road rage include obscene gestures, tailgating, trying to cut someone off in traffic, excessive horn honking or light flashing or shouting matches.
If you or a loved one are accused, suspected, or charged with committing a driving law violation in Georgia, then you should contact an Augusta attorney to protect your rights.
Our traffic defense attorneys are based in Augusta GA - Georgia. Our lawyers vigorously defend traffic cases in Augusta, Evans, Martinez, Jefferson County, Harlem, Waynesboro, Appling, Thomson, Louisville, Blythe, Hephzibah, Grovetown, Lincoln County, McDuffie County, Lincolnton, Fort Gordon, Richmond County, Columbia County, Burke County, Girard, Aiken South Carolina, North Augusta SC, and in Federal Court. We can help you fight your driving law violation case. Call (phone).