Fighting a traffic ticket

Fighting a traffic ticket

Is it worth fighting a traffic ticket?

Absolutely! But this is something you want to consult with a traffic lawyer about first because fighting some traffic tickets can take a lot of time and depending on the tickets, you may not wish to fight them.  However, most people believe you should simply pay the ticket and move on.  While you can certainly do that, you should at least understand that paying a ticket is an admission of guilt.

Understand also, that just paying the ticket can result in an increase in your auto insurance, points on your driver’s license and more.  You can read more here: https://legalpatriot.com/traffic-stop-in-georgia/ 

 

Can I get in trouble if my passenger has an open beer?

Can I get in trouble if my passenger has an open beer?

I am often the designated driver because I don’t drink.  Can I get in trouble if my passenger has an open beer?

Georgia is very serious about drinking and driving.  Although being a designated driver is appreciated, do not make the mistake of allowing your passengers to bring their drinks opened into your vehicle, even if empty.  This could create a host of problems for you, including, but not limited to, being subjected to a field sobriety test if pulled over and the large fine for having open containers in your car.  It’s best to have your friends finish their last drink before they get in your car.

Does Georgia really have a hands free law when driving?

Does Georgia really have a hands free law when driving?

Does Georgia really have a hands free law when driving?

Georgia has a hands-free driving law which was passed in 2018.  This makes it illegal to simply hold any electronic device.  However, it is still legal to use hands-free technology, an ear piece (not headphones),  talk to text, GPS and many other technologies.  There are also exceptions for emergency personnel.  More information can be found here: https://legalpatriot.com/hands-free-georgia-act-what-to-expect/.

Does Georgia require auto insurance?

Does Georgia require auto insurance?

Do I really need to carry a specific amount of auto insurance in Georgia?    Here are a few things to know about Georgia’s auto insurance requirement:

  • Georgia law only requires that you carry at least $25,000 worth of bodily liability insurance per person, $50,000 of bodily liability insurance per accident, and $25,000 of property damage insurance. You should note that bodily injury liability and property damage coverage do NOT cover damages to your car or the injuries of you and your passengers. If you want coverage for your vehicle, you should discuss these options with your insurance carrier as they can advise you about additional coverage on collision and comprehensive coverage.
  • It’s also important to note that Georgia’s minimum insurance coverage limits may not be enough to completely cover the other driver if you are in an accident and they sue you.  If you are in this situation, you should seek out legal advice immediately and do not make any settlements with the insurance company until you have spoken to an attorney.  Although the lawyer may advise you to accept the money offered by the insurance company, it is in your best interest to fully understand your options prior to acceptance.
  • Georgia law involving auto insurance is a much more complex set of laws that it appears.  Discuss Uninsured / Under-insured Insurance Coverage thoroughly with your insurance agent. Be sure to research your options thoroughly with a reputable insurance company so that if you are ever in an accident and need their assistance, you have a name you can trust.

 

Are police still required to say something when they arrest you

Are police still required to say something when they arrest you? If so, what are they supposed to say?

Yes.  Police are required to provide what is called your Miranda rights.  This is from the Supreme Court case of Miranda v. Arizona.  It requires that you are told you have the right NOT to speak, and to understand that if you do, it can be used against you in a court proceeding.  You have a right to legal representation by an attorney before speaking to the police and to have an attorney present during any questioning regarding this arrest now or in the future.  Furthermore, it provides that you are notified that if you cannot afford an attorney, one will be provided for you.

It is critical that everyone arrested be read his or her Miranda rights.  If you feel you were detained or arrested without being read these rights, you should speak with an attorney to understand the legal ramifications that may apply to your case.

 

Can I be handcuffed by police if I am not placed under arrest?

Can I be handcuffed by police if I am not placed under arrest?

In most circumstances where handcuffs are used, the police will place the person under arrest..  However,  there are some occasions, where legislation allows for force to be used if necessary, where a subject is not under arrest. In the majority of cases that handcuffs are applied, the subject will be arrested and detained.

These are VERY fact specific cases.  If you feel you have been arrested, or detained, you should seek legal counsel to fully understand your rights.