5 Situations That May Require a Lawyer for a Traffic Violation in Georgia
Traffic offenses in Georgia can vary from a mere traffic ticket to a major misdemeanor charge, which may impact your driving record, insurance costs, and even your right to drive. Penalties are determined by Georgia traffic law in O.C.G.A.
A minor citation may escalate based on previous traffic violations or the circumstances of the traffic stop. Georgia is connected to some of the busiest highways in the Southeast United States, with the two most heavily trafficked being I-75 and I-85. Some of the busiest highways in the southeastern United States are located in Georgia, including the two most heavily used: I-75 and I-85.
The state has some very serious road safety regulations, and speeding violations are determined by the number of miles per hour over the speed limit (O.C.G.A. §40-6-181). Are traffic violations misdemeanors in Georgia? Yes, when the violations are more severe, matters of criminal liability and court procedure may be raised, and that’s when you need a lawyer.
1. When You Are Charged With a Misdemeanor Traffic Offense
If you are charged with a misdemeanor traffic violation, you must attend court.
In Georgia, some traffic offenses are not only punishable but are criminal misdemeanors as well. For instance, driving while intoxicated under O.C.G.A. §40-6-390 is considered a misdemeanor crime.
This could lead to jail time, probation, or a criminal record. Even one conviction can haunt a lawyer for years, and this can impact the prospects of their job, which is why it is important to have someone experience a lawyer.
2. When You are Facing a DUI Charge
Georgia prohibits driving while intoxicated under the Georgia Constitution Annotated (O.C.G.A.) § 40-6-391. The consequences can be more serious than just a loss of license, such as required alcohol education courses, fines, and even jail time for a first offense.
3. If your License is at Risk of Suspension
Georgia has a points system operated by the Department of Driver Services. DDS administrative rules prohibit the build-up of too many points. For instance, several traffic fines in a relatively short period of time can rapidly drive a driver into suspension.
4. When an Accident Involves Injury or Property Damage
The legal implications are more severe if a traffic offense takes place simultaneously with an injury or serious property damage accident. There could be liability issues, insurance questions, and possible civil claims that ensue.
5. If you are a Commercial Driver
Commercial drivers are subject to a higher standard of conduct by both Georgia law and the FMCSA regulations. There are no trivial errors that won’t affect the ability of a CDL holder to work.
A conviction can result in a loss of employment or loss of driving privileges for commercial vehicles.
What to Do if You’re Stopped for a Traffic Ticket in Georgia
- Make sure you read your citation and pinpoint the specific statute you are citing.
- See the penalty ranges in O.C.G.A. Title 40 for the type of violation you are charged with.
- Gather all the evidence, including witness information or dashcam footage.
- Assess if court attendance is necessary and provide deadlines.
- Determine if legal representation is needed depending upon the severity and risk.
Key Takeaways
- Under O.C.G.A. §40-6-390, some traffic violations are misdemeanors in Georgia.
- O.C.G.A. §40-6-391 provides for serious consequences for DUI convictions.
- Points can be added up rapidly, and this can be a reason for the suspension of a license.
- An injury accident adds a lot of complications to the legal process.
- Commercial drivers are subject to tougher penalties for minor violations.
- Attorneys may be able to mitigate penalties, points, or even long-term record consequences.
