What is the Georgia Super Speeder Law?


Super Speeder Photo.001Super Speeder Law

O.C.G.A. -§40-6-189
Your ticket may qualify as a “super speeder” ticket if you were driving:

  1. 85 MPH or more on any road in Georgia; or
  2. 75 MPH or more on any two-lane road.
    Super Speeder Photo 1

If you plead  guilty to a super speeder ticket, or if you are found guilty after trial you will pay a fine to the court. A few days later you will receive a notice from DDS advising you that you owe $200.00 and that failure to pay within 90 days will result in your license being suspended.

Entering a plea of nolo contendere or a zero points order in the court will not avoid the imposition of the super speeder fee.

How do I handle my ticket for passing a school bus in Atlanta?

Passing a school bus is one of the more serious traffic tickets you can receive. The consequences can be serious, and both the prosecutor and judge are unlikely to unilaterally offer a reduced charge.
PTIT Images.001Instead, you may be offered a higher fine, or stiffer sentence than you would have expected. Keep in mind that the normal maximum and minimum sentencing still applies, but the maximum penalty is quite significant — 12 months in jail and $1000.00 fine. This is not to say that you should expect a lengthy jail sentence under normal circumstances.
However, you should anticipate the possibility of probation. Many judges and prosecutors will argue that probation should be imposed to be sure that you maintain a clean driving record for 12 months after your conviction. They could require that you submit a copy of your driving record to probation every month for an entire year.

They may also want you to enroll in one or more driving instructional couses, such as Alive @ 25, Victim Impact Panel, Risk Reduction, and/or Defensive Driving.

A conviction for passing a school bus will result in 6-points on your license. If you are under 21 this will suspend your license. If you are over 21, but you have 9 or more points on your driving history, then this will also suspend your Georgia license.

Call Now to Schedule a Consultation: 404-771-6675

Suspended licenseEven if you have a clean driving history you can expect a weighty penalty. This is because, in part, it is one of the handful of charges that evokes an emotional response from prosecutors and judges as it is a law that is specifically designed to protect the most vulnerable members of our society — children. As a result, it is important that you at least consult with an attorney before going to court on this type of ticket. If you are not familiar with your court’s practices, you could be exposing yourself to unnecessary risk.

Similarly, “move over” law and child endangerment tickets may result in particularly stiff sentences.

Even if you are not sure if you want a lawyer’s assistance, you should consult with a lDUI First Offense Page.003awyer so that you know your options and fully understand the potential consequences of this type of conviction. A lawyer may be able to help you mitigate some of the more serious consequences of a conviction for passing a school bus. A lawyer may be able to recognize legal arguments that could result in the charge being dismissed entirely, or simply help you strategize a plan for presenting persuasive mitigating information to the Court that could result in a reduction of the charge or sentence.

If you are concerned about legal fees, you may want to consult the public defender in your court in advance of your scheduled court date. In the alternative, you may want to go to court initially and find out what resolution the prosecutor is recommending. At that point, if you are unsure of your options, you can ask the court for a brief reset to allow you time to consult a private attorney. If this is your first court date, most courts will grant your request for more time.

What will suspend my Georgia driver’s license if I am under 21?

Erin-76Mandatory Suspensions for Drivers Under 21 Years of Age
O.C.G.A. §40-5-57.1
The offenses covered in this section have a different effect when committed by those defendants who are under 21 years of age at the time of conviction. These offenses are:

  • Hit and run or Leaving the scene of an accident, O.C.G.A. §40-6-270
  • Racing on highways or streets, O.C.G.A. §40-6-186 „
  • Using a motor vehicle in fleeing or attempting to elude an officer, O.C.G.A. §40-6-395
  • Reckless driving, O.C.G.A. §40-6-390

Any offense for which four or more points are assessable under O.C.G.A. §40-5-57(c), which includes:

  • Improper passing on a hill or a curve, O.C.G.A. §40-6-45(a)(1)
  • Unlawful passing of a school bus, O.C.G.A. §40-6-163
  • Exceeding the speed limit by 24 mph or more, O.C.G.A. §40-6-181
  • Aggressive driving, O.C.G.A. §40-6-397
  • Purchasing an alcoholic beverage, O.C.G.A. §3-3-23 (a) (2)
  • Misrepresenting age for purpose of illegally obtaining any alcoholic beverage, O.C.G.A. §3-3-23 (a) (3)
  • Misrepresenting identity or using false identification for purpose of purchasing or obtaining any alcoholic beverage, O.C.G.A. §3-3-23 (a) (5)
  • Driving Under the Influence, O.C.G.A. §40-6-391
  • Accumulation of 4 or more points in any 12 month period by a person under the age of 18
  • Possession of alcoholic beverages while operating a motor vehicle, O.C.G.A. § 3-3-23(a)(2)

Note: Pursuant to O.C.G.A. 40-5-57.1(d), a suspension shall be imposed based on the person’s age on the date of the conviction giving rise to the suspension.DAEMON_1405317_9664-3b

Talk to an attorney today to discuss whether you may be able to avoid a suspension of your license!

How many points will suspend my Georgia driver’s license?

License suspensions can be a bit tricky to navigate. There are a number of different ways for your license to be suspended and the accumulation of too many points is just one of them.

For example, even with zero points on your license, your license will be suspended automatically when you miss your court date.

Further, if you do not have a Georgia license, the points associated with any Georgia violation may or may not be applied to your out-of-state license. That will depend on your home licensing state.

Points Suspensions:  O.C.G.A. §40-5-57
15 or more points or more within a 24-month period will suspend the license of a non-commercial driver over the age of 21.  If you are under 21, your license is much more likely to be suspended upon conviction of one traffic offense.

Suspensions for drivers under the age of 21:
§3-3-23(a)(2)) Purchasing an alcoholic beverage by a person under 21 years of age (§40-5-57.1)
§3-3-23(a)(2) Attempt to purchase alcohol by an underage person (§40-5-63(e))
§3-3-23(a)(2) Possession of alcohol by a minor while operating a vehicle (§40-5-63(e))
§3-3-23(a)(3) Misrepresenting age for the purpose of illegally obtaining an alcoholic beverage (§40-5-57.1)
§3-3-23(a)(5) Misrepresenting identity or using false identification for the purpose of purchasing or obtaining any alcoholic beverage (§40-5-57.1)
§40-6-397 Aggressive Driving (§40-5-57.1)
§40-6-45(a)(1) Improper Passing on a hill or curve (§40-5-57.1)
§40-6-163 Unlawful passing of a school bus (§40-5-57.1)
§40-6-181 Exceeding the speed limit by 24 mph or more (§40-5-57.1)

Suspensions for drivers under the age of 18:
§40-5-57.1 Accumulation of four (4) or more points in any consecutive twelve (12) month period (§40-5-57.1)

If you suspect your driver’s license is suspended, you may contact the Department of Driver Services at (678) 413-8500 or (866) 754-3687 (outside Metro Atlanta) or visit the DDS website at www.dds.ga.gov .

Neither the Judge nor the prosecutor have an obligation to inform you of the exact license penalties you will incur when you plead guilty to a traffic offense.

There are numerous ways to avoid a point suspension on your record.  Before you go to court, call a traffic ticket lawyer today to find out what kind of consequences you may be looking at and what you may be able to do to avoid a suspension.

Call 404-771-6675 to Schedule a Consultation With Erin

Under O.C.G.A. 40-6-181 the following points will be added to your record for the speeds listed below:

Speeding Points Schedule

O.C.G.A. 40-6-181

Points Schedule Table.001

Other Points Schedule

The following traffic violations may result in 1 point being assessed against your Georgia driver’s license

  • O.C.G.A. 40-6-241.1 Violation of Usage of Wireless Telecommunications Device
  • O.C.G.A. 40-6-241.2 Operating a Vehicle while Text Messaging

The following traffic violations may result in 2 points being assessed against your Georgia driver’s license

  • O.C.G.A. 40-6-248.1 Unsecured Load Resulting in Accident
  • O.C.G.A. 40-6-253 Open Container
  • O.C.G.A. 40-6-254 Unsecured Load Resulting in Accident

The following traffic violations may result in 3 points being assessed against your Georgia driver’s license

  • O.C.G.A. 40-6-2 Failure to Obey Person Directing Traffic
  • O.C.G.A. 40-6-6 Emergency Vehicle Violation
  • O.C.G.A. 40-6-11 No Proof of Insurance-Motorcycle
  • O.C.G.A. 40-6-14 Limits on Sound Volume
  • O.C.G.A. 40-6-16 “Move Over” Violation
  • O.C.G.A. 40-6-17 Use of Traffic-Control Device Preemption Emitter (while operating a motor vehicle)
  • O.C.G.A. 40-6-20 Disregard of Traffic Control Device or Signal
  • O.C.G.A. 40-6-21 Failure to Obey Traffic Signal or Light
  • O.C.G.A. 40-6-23 Failure to Obey Flashing Signal
  • O.C.G.A. 40-6-24 Lane Direction Violation
  • O.C.G.A. 40-6-26(a) Tampering with Traffic Signs or Signals (while operating vehicle)
  • O.C.G.A. 40-6-26(b) Operating Vehicle on Closed Roadway
  • O.C.G.A. 40-6-27 Tampering with Pavement Markers (while operating vehicle)
  • O.C.G.A. 40-6-40 Improper Lane Usage
  • O.C.G.A. 40-6-41 Failure to Yield to Oncoming Traffic
  • O.C.G.A. 40-6-42 Improper Passing
  • O.C.G.A. 40-6-43 Improper Passing on the Right
  • O.C.G.A. 40-6-44 Improper Passing
  • O.C.G.A. 40-6-46 Passing in a No Passing Zone
  • O.C.G.A. 40-6-47(b) Wrong Way on One-Way Road
  • O.C.G.A. 40-6-47(c) Rotary Traffic Island Violation
  • O.C.G.A. 40-6-48 Failure to Maintain Lane
  • O.C.G.A. 40-6-49 Following Too Closely
  • O.C.G.A. 40-6-50 Driving Within Gore or Improper Entry to Controlled Access Highway
  • O.C.G.A. 40-6-51 Improper Use of Controlled-Access Road
  • O.C.G.A. 40-6-52 Truck Lane Usage Violation
  • O.C.G.A. 40-6-53 Bus or Motorcoach Lane Violation
  • O.C.G.A. 40-6-55 Failure to Yield to Bicycle
  • O.C.G.A. 40-6-56 Failure to Maintain Safe Distance from Bicycle
  • O.C.G.A. 40-6-70 Failure to Yield at Intersection
  • O.C.G.A. 40-6-71 Failure to Yield when Turning Left
  • O.C.G.A. 40-6-72 Stop/Yield Sign Violation
  • O.C.G.A. 40-6-73 Failure to Yield when Crossing or Entering Road
  • O.C.G.A. 40-6-74 Failure to Yield to Emergency Vehicle
  • O.C.G.A. 40-6-75 Failure to Yield to Construction Vehicle
  • O.C.G.A. 40-6-76 Failure to Yield to Funeral Procession
  • O.C.G.A. 40-6-91 Failure to Yield to Pedestrian
  • O.C.G.A. 40-6-93 Failure to Exercise Due Care Near Pedestrian
  • O.C.G.A. 40-6-94 Failure to Yield to Blind Pedestrian
  • O.C.G.A. 40-6-98 Driving Through Safety Zone
  • O.C.G.A. 40-6-120 Improper Turning
  • O.C.G.A. 40-6-121 Improper U-Turn
  • O.C.G.A. 40-6-122 Improper Starting
  • O.C.G.A. 40-6-123 Failure to Signal Turn
  • O.C.G.A. 40-6-124 Improper Use of Signal
  • O.C.G.A. 40-6-125 Improper Use of Hand Signal
  • O.C.G.A. 40-6-126 Improper Use of Turn Lane
  • O.C.G.A. 40-6-140 Railroad Grade Crossing Violation
  • O.C.G.A. 40-6-141 Disregard of Stop Sign at Railroad Grade Crossing
  • O.C.G.A. 40-6-142 Failure to Stop at Railroad Grade Crossing
  • O.C.G.A. 40-6-143 Improper Movement of Heavy Equipment at Railroad Grade Crossing
  • O.C.G.A. 40-6-144 Improper Emerging from Alley, Driveway or Building
  • O.C.G.A. 40-6-160 School Bus Speeding Violation
  • O.C.G.A. 40-6-161 School Bus Headlight or Communication Device Violation
  • O.C.G.A. 40-6-162 School Bus Signal Violation
  • O.C.G.A. 40-6-164 School Bus Disembarking Violation
  • O.C.G.A. 40-6-165 School Bus Operation Violation
  • O.C.G.A. 40-6-184 Impeding the Flow of Traffic
  • O.C.G.A. 40-6-205 Obstructing an Intersection
  • O.C.G.A. 40-6-240 Improper Backing
  • O.C.G.A. 40-6-241 Failure to Exercise Due Care
  • O.C.G.A. 40-6-242 Driving with Obstructed View
  • O.C.G.A. 40-6-244 Allowing Passenger in House Trailer
  • O.C.G.A. 40-6-245 Improper Mountain/Canyon Driving
  • O.C.G.A. 40-6-246 Coasting
  • O.C.G.A. 40-6-247 Improper Following of Emergency Vehicle
  • O.C.G.A. 40-6-248 Crossing Fire Hose
  • O.C.G.A. 40-6-248.1 Unsecured Load Resulting in Accident
  • O.C.G.A. 40-6-250 Wearing Device Impairing Vision or Hearing
  • O.C.G.A. 40-6-251 Laying Drags
  • O.C.G.A. 40-6-252 Cruising
  • O.C.G.A. 40-6-253.1 Improper Transportation of Infectious Substance
  • O.C.G.A. 40-6-254 Unsecured Load Resulting in Accident
  • O.C.G.A. 40-6-271 Violation of Duty Upon Striking Unattended Vehicle
  • O.C.G.A. 40-6-272 Violation of Duty Upon Striking Fixed Object
  • O.C.G.A. 40-6-273 Failure to Report Accident
  • O.C.G.A. 40-6-275 Failure to Remove Vehicle From Roadway
  • O.C.G.A. 40-6-311 Improper Operation of Motorcycle
  • O.C.G.A. 40-6-312 Motorcycle Lane Violation
  • O.C.G.A. 40-6-312(e) Operation of Motorcycle Without Head/Tail Light
  • O.C.G.A. 40-6-313 Clinging to Vehicle While on Motorcycle
  • O.C.G.A. 40-6-314 Motorcycle Equipment Violation
  • O.C.G.A. 40-6-315 Motorcycle Protective Gear Violation
  • O.C.G.A. 40-6-326 Operating Personal Assistive Mobility Device While Intoxicated
  • O.C.G.A. 40-6-352 Moped Headgear Violation
  • O.C.G.A. 40-6-361 Low Speed Vehicle Lane Violation
  • O.C.G.A. 40-6-362 Low Speed Vehicle Roadway Violation
  • O.C.G.A. 40-6-393.1(c) Feticide by Vehicle-2nd Degree

The following traffic violations may result in 4 points being assessed against your Georgia driver’s license

The following traffic violations may result in 6 points being assessed against your Georgia driver’s license

The following is a list of offenses for which the DDS will suspend a license or driving privileges, upon being informed of a conviction by a court:

§40-6-393 Homicide by Vehicle (1st and 2nd Degree) (§§40-5-54, 40-5-63)
§40-6-270 Hit-and-run or Leaving the Scene of an Accident (§§40-5-54, 40-5-63)
$40-6-394 Serious Injury by Vehicle (§§40-5-54, 40-5-63)
$40-6-393.1 Feticide by Vehicle (1st Degree) (§§40-5-54, 40-5-63)
§40-5-120 Fraudulent or Fictitious Use of or application for a license or ID card (§§40-5-54, 40-5-63)
§40-5-125 Fraudulent or Fictitious Use of or application for a license or ID card (§§40-5-54, 40-5-63)
§40-6-15 Operating a motor vehicle with a revoked, cancelled, or suspended registration (§§40-5-54, 40-5-63)
§40-6-186 Racing on Highways or Streets (§§40-5-54, 40-5-63)
§40-6-395 Using a motor vehicle in fleeing or attempting to elude an officer (§§40-5-54,
40-5-63)
§40-6-391 Driving under the Influence/DUI – Child Endangerment (§40-5-63)
§40-6-255 Failure to Pay for Gasoline (§40-5-57.2)
§40-6-10 No Insurance/Failure to Show Proof of Insurance (§40-5-70)
§40-5-121 Driving While License Suspended or Revoked (§40-5-121)
§32-6-30 Refusal to Weigh (§32-6-30)
§40-5-30 Violation of License Restriction (not mandatory, at the discretion of the court)

  • Any violation of the Georgia Controlled Substance Act (Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated) (§40-5-75)
  • Any felony in the commission of which a motor vehicle is used (§§40-5-54, 40-5-63)
  • Any felony forgery conviction if related to an identification document (§40-5-54)
  • Accumulation of fifteen (15) or more points in any consecutive 24 month period (§40-5-57)

 

If you’ve been caught driving on a suspended license or driving without a license in Atlanta, contact us today for help.