How Much Will My Traffic Court Fines Be?

One of the first things drivers worry about when they receive a traffic ticket is what the financial cost of this ticket will be. Depending on your prior experience with traffic courts, you may be surprised by how quickly the fines and surcharges can add up. Although the surcharges are mandated by state law, the base fine can vary dramatically from court to court. This is primarily because most traffic offenses can carry a fine amount of anywhere between zero to $1000.00.

For example, on a simple failure to maintain lane ticket, the maximum fine is $1000.00 and the minimum fine is zero. The surcharges are then calculated as a percentage of the base fine.

850What factors can affect the fine amount?

Fortunately most courts in Georgia will generally accept fines set at approximately $300 or below for these types of routine traffic offenses when the individual has a clean driving record. However, it is not entirely uncommon for judges or prosecutors to insist on the maximum fine of $1000.00 for certain drivers and/or offenses.

Although there are a few courts with a reputation of imposing the maximum fines on a regular basis, you will normally only see fines approaching $1000.00 when the case presents unusual circumstances. Sometimes, if the driver has an extensive driving history, the fine will be increased. For example, some judges will require $100.00 for every prior offense to be added to the base fine.

If a driver has been particularly unpleasant towards court personnel or the ticketing officer, the court or prosecutor may insist on a higher fine. As a result, always remember to be very careful and courteous when addressing all individuals associated with the court, whether by telephone or in person.

How do I resolve my FTA Status Featured ImageIf the prosecutor reduces my citation, will the fine automatically be lowered as well?

Many drivers are surprised when they go to court and negotiate a reduction of the original charge to a lower speed, or a non-reportable offense, but are then told that the fine will be increased. This is a common practice amongst prosecutors in courts across Georgia. The prosecutor recognizes that there can be important and compelling reasons to reduce traffic offenses, which often depend on the individual circumstances of the driver and the facts that led to the citation. As a result, when a driver requests a reduction, the prosecutor may find it appropriate to impose a higher fine amount.

In addition to a higher fine, the prosecutor may also want the driver to take a defensive driving class. This is to ensure that while the driver may be avoiding a permanent record of the original citation, he or she will not likely forget the investment of time and money that was required to resolve the ticket.

If this is my first speeding offense, what are the maximum fines that could be imposed?

All fines refer to the base fine, so remember that additional surcharges will be added on. However, O.C.G.A. 40-6-1 sets a cap on the amount of fine that may be collected when it is the driver’s first offense. There is no fine imposed if you are driving 5 mph or less than the speed limit. If you are driving more than 5 mph but no more than 10 mph, the fine should not be more than $25.00. Between 11 and 14, the maximum fine is $100.00. The fine for speeding 15 mph to 18 mph is $125.00. Between 19 mph and 24 mph the maximum fine is $150.00. And finally, a citation for 24 mph through 34 mph will be capped at $500.00.

If this is not the driver’s first offense, than the normal $1000.00 maximum fine will apply for most traffic offenses.

FTA (Failure to Appear) Penalties

FTA ConsequencesIt could happen to anyone.  You receive a traffic ticket and even though you planned, with the best intentions, to attend court, it never makes it to your calendar.  The ticket gets misplaced.  The court date comes and goes and you are otherwise blissfully unaware of the process that is now underway to suspend your license and possibly result in a bench warrant being issued for your arrest!  All the while, the entire incident has completely slipped your mind.  That is until you receive a letter from the Department of Driver Services (“DDS”) notifying you that your license has been suspended (or is about to be suspended) due to the FTA issued by the traffic court.

Bench Warrant and FTA ArrestAn even worse scenario is the one where you don’t see the notice from DDS, and you are notified of the bench warrant and suspension by a police officer on the side of the road who writes you a ticket for driving on a suspended license and takes you to jail on the new charge.  You won’t be able to bond out of jail however until you figure out a way to lift the bench warrant that the Judge had issued when you missed your first court date.

An innocent and seemingly common mistake can lead to highly disruptive and wildly unexpected consequences!

FTA Will Suspend LicenseThis sequence of events is far more common than most people would normally suspect.  You are not alone if you believe that license suspension may seem like an unnecessarily harsh consequence for someone who merely inadvertently misses a traffic court appearance.  Although it may be harsh, it is an extremely cost-effective method for getting those people who do initially miss court, to return to eventually return to court to handle the initial citation.  As a result, almost all traffic courts impose this penalty for missed court dates.

Once you are aware of the FTA and/or bench warrant, it may be a relatively simple matter of communicating with the issuing court, paying an FTA fine and getting the appropriate paperwork (indicating the court’s removal of the FTA suspension) to DDS in order to lift the suspension.  The process will vary from court-to-court and some courts will require you to physically appear before the Judge – especially if you want to handle it yourself, without the assistance of an attorney. One of the benefits of hiring an attorney is that in many instances, the attorney can have the FTA and/or bench warrant lifted without requiring you to also appear in court.

How to Lift an FTA SuspensionOne of the more permanent consequences of this type of suspension is that the FTA License Suspension will stay listed on your driving history.  For many drivers, this should not have significant adverse consequences.  However, for those whose occupation is related to driving, this could create a real problem for your employer.  In some settings, this kind of suspension can lead to termination when the employer discovers it either through employee-disclosure or simply through a routine driver’s history background check.

If you are facing an FTA suspension and are unsure as to what your next steps should be, contact an attorney today to find out what options may be available to you.

Dunwoody DUI and Traffic Attorney

Duwoody DUI Lawyer

Dunwoody Municipal Court is nestled in an easily accessible office complex very close to the Perimeter Mall. Although it is quite convenient to get to, it is a good idea to arrive early, as parking can be limited on days with a busy court calendar.

The Court entrance is directly across the hall from the Police Department. When you first enter, one of their amazingly patient and charming bailiffs will direct you to the Clerk’s window and ask that you sign in.

Once the Clerk has checked you in, you will be ushered through the security screening and into the courtroom. You will be asked to turn your mobile devices off and/or return them to your car. If your phone goes off in court the Judge will have the option of confiscating it.

Dunwoody has more than one judge so if you have to go back to court on multiple occasions you may not be in front of the same judge. That is true of the Dunwoody prosecutors as well. Typically there will be two prosecutors at any given calendar. On the days there is only one however, you can expect that there may be some unavoidable delays.

Normally the prosecutor will take time to speak with anyone who wishes to have a pre-trial discussion with them about their case. This may be the first opportunity you have to find out how the prosecution would like to resolve your case. Although they do their best to move through these conversations quickly, it can still take quite a long time to be reached.

Lawyers will often be called first. This is a professional courtesy extended to attorneys since they are frequently scheduled to be in more than one court at the same time. The court staff understand that other judges around town are waiting for those attorneys to appear in neighboring courts. As a result, it is a normal practice to allow attorneys to speak with the prosecutor and appear in front of the Judge before other people who are representing themselves.

If you are attending court on a “document case” – or rather, a case where you simply have to show your insurance or license was indeed valid on the day in question – make sure you bring your original paperwork! Not all prosecutors or judges will accept electronic copies as proof of compliance.

You will be given the option to plead guilty or not guilty. If you are charged with a traffic offense under State law, you have the right to a jury trial. The bailiffs will give you paperwork discussing this right. Read the paperwork carefully. If you plead not guilty, you will have to designate which kind of trial you are requesting. If you indicate you are requesting a bench trial, then you will also be waiving your right to a jury trial when you sign the paperwork. Once you waive your right to a jury trial you no longer have the right to transfer your case over to DeKalb County. Sometimes this is exactly the right decision. And other times, it may not be.

Talk to a lawyer today to find out what options you have before going to court!

Brookhaven GA DUI and Traffic Attorney

Brookhaven DUI and Traffic attorney

Brookhaven Municipal Court is a somewhat new municipal court as compared with many other local courts in the metro-Atlanta area. Despite its relatively short tenure, Brookhaven has established an impressive reputation for running an efficient and fair municipal court.

Brookhaven Pay Your Ticket OnlineBrookhaven has joined the ranks of many other courts and now, depending on what you are charged with, you may be able to pay your ticket online. This may not always be the best option if you are looking to avoid the consequences of a guilty plea, such as points or the citation being reported to your driver’s history.

For most individuals who do attend court, it is one of the only times he or she will interact directly with the judicial system. Not all municipal courts are sensitive to the fact that most people are wrought with anxiety and fear as they enter court for the first time. The Brookhaven Municipal Court goes out of its way to make attending court as painless as possible.

Brookhaven Municipal CourtWhen you first enter, one of their very courteous and friendly court officers will direct you to the courtroom entrance. Once everyone is seated and court has begun, the Judge will call out the names of the people on that day’s docket. Be sure that when your name is called you stand and make yourself visible to the Judge. Pay attention to the Judge’s instructions and do not leave court until the conclusion of your case to avoid a bench warrant and/or FTA license suspension.

Cobb County Blog Post.001You should expect somewhat lengthy unavoidable delays. Many people who come to court request the opportunity to discuss his or her case with the prosecutor. The prosecutor will normally speak with everyone, but this can only happen one at a time.

Just like the court staff, the prosecutors that work in Brookhaven Municipal Court treat everyone with respect, and listen to each individual’s concerns. However these conversations take time, and on days with large dockets, you may have to wait more than an hour or two before you get a chance to discuss your case.

Be Patient Brookhaven Municipal CourtThe amount of time you will spend in court may depend upon how many other people are also waiting to speak with the prosecutor.

If you think court will take a while and you have a scheduling conflict, you should consider addressing the Judge directly to see if you can reschedule your court date to a more convenient day. If you know you have a scheduling conflict in advance of court, you may be able to request a new court date in person at the Clerk’s office.

Plan ahead and come to court prepared! Being prepared means making sure you have a complete understanding of what you have been charged with and what possible consequences a conviction could have. Whether you have been charged with a DUI or a basic traffic offense, there are often significant collateral consequences with respect to your license, your criminal history and your driving record.

You should consider speaking with an attorney before going to court. Depending on the charge you may not need to hire a lawyer, but you should know all your options ahead of time.