Is a traffic violation a misdemeanor in Georgia?
Most traffic violations are misdemeanors, but not all. Misdemeanors are less serious crimes than felonies. In Georgia, traffic misdemeanors may be handled by the county probate court, state court, magistrate court, juvenile court, or a municipal court.
In Beneke v. Parker, 684 SE2d 243, 285 Ga. 733 (2009), the GeorgiaThe Georgia Supreme Court found that “a violation of one of the Uniform Rules of the Road, such as the rule that a driver must not follow another vehicle too closely, is a misdemeanor, O.C.G.A. §40-6-1(a), and a misdemeanor is “‘any crime other than a felony.’” (Emphasis supplied) O.C.G.A. §16-1-3(9).
Because each area (jurisdiction) handles its own cases, it is important to seek out a lawyer to look over your case and advise you on your best course of action.
I just moved to Georgia. I keep hearing about this “speeder” law. Is there really special law in Georgia related to speeding? Yes. Georgia has a law that is known as the “super speeder” law. HB160 became known as the Super Speeder Law aimed to slow down drivers in Georgia. The law provides a $200 additional fine for anyone who is convicted of driving over 85 miles per hour on any road or highway or 75 miles per hour on any two lane road or highway. Learn more about this law in this article. It’s important to know that although this law is a misdemeanor, it can affect your driving record, just as all tickets can.
- Can I pay my traffic tickets online in the State of Georgia?
In many jurisdictions, you can pay your tickets online. That said, however, you should get legal advice first. Paying a ticket is a guilty plea on the traffic offense in Georgia. Depending on the charge, and your driving history, that can result in points on your driving record, an increase in your auto insurance, fines and even jail time. We have made it simple for you. While you are here on our website, take the time to read some of our articles, such as Should I hire an Attorney for a Ticket. Upload your citation on our site and tell us a little about your ticket. David will contact you with an honest answer as to whether it’s worth your time and money to hire an attorney.
Is it worth fighting a traffic ticket?
In many cases, 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.
A traffic offense in Georgia is a criminal offense. It makes sense then that knowing your rights can only help better prepare you in court if you decide that’s the route for you. In the situation where you have other offenses on your record, adding a traffic offense could harm you and your ability to drive.
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/
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?
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/.
