Traffic Tickets and Traffic Violations

In Georgia, traffic offenses are general misdemeanors. Here, traffic offenses are not treated as downgraded offenses the way they are in other states. The maximum punishment for traffic violations in Georgia is a $1000 fine and one year imprisonment.

Everyday, people across Georgia go to court without a lawyer to defend themselves against traffic tickets. Everyday, these people are “run over” by the prosecution. As a result, these individuals end up paying unnecessary fines, unwanted insurance premium increases, and many have their licenses suspended or revoked.

Contact Yeargan & Associates to make sure you’re not “run over” or are treated unfairly by the prosecution when you go to court. The prosecutor (solicitor) is a very busy person. The Solicitor must be in court everyday, and handles thousands of cases per month. After court, the Solicitor must prepare for trials and motions, meet with lawyers, return phone calls, and prepare for court the next day. If you try to talk with the solicitor and handle the case yourself, the solicitor may railroad you because he doesn’t have time to talk, or meet, with yet another unrepresented “defendant.” Even if the prosecution does offer you a deal they may not offer you a good deal because you don’t have a lawyer to tell you otherwise. However, prosecutors will always make time to speak with defense attorneys and make them offers. Solicitor’s usually will understand that a defense attorney can tie their busy schedules up with just one traffic case, and will want to work the case out quickly.






A Little Knowledge Is A Dangerous Thing

Many people attempt to handle traffic violations themselves because they think they are not a big deal. Others attempt to handle these cases on their own because their brother’s friend who is a lawyer told them to plea Nolo and it won’t go on your record. Others feel they have a “great defense” to the charge, or the accident wasn’t their fault.

Traffic law is very complex, and should only be handled by a seasoned attorney who has practiced in the field. Simply pleading Nolo will not keep the offense off your record, and you should only follow the advice of a lawyer who practices traffic law. You also don’t know how the Nolo plea may affect your license. A little knowledge is a dangerous thing.

What happens in court is not the only thing that will affect your license and pocketbook. Points and mandatory suspensions/revocations may be levied against your license if you are not careful. Most people, and many lawyers, do not understand the intricate nuances of the Department of Driver’s Services and the effects that traffic violations can have on your license.

If you feel you have a good defense, or the accident wasn’t your fault, you should still consult a knowledgeable attorney before attempting to defend yourself in court. Prosecutors are professional attorneys with lots of experience. They posses a solid understanding of traffic law, and have high conviction rates. Even with a good defense it will be extremely difficult for an unrepresented person to defeat a seasoned prosecutor. The prosecutor knows how to lay foundations, present evidence, cross examine witnesses, and make and respond to objections. The regular person who goes to court to represent themselves finds out (usually in the middle of a trial) that they have no idea how to do any of this. Make sure the prosecution knows you mean business. Contact Yeargan & Associates to make sure you don’t get “run over” by the prosecution.






Mandatory Suspensions

Under Georgia law, drivers who are 21 years of age or older will have their license suspended if they plead or are found guilty of:

  1. Homicide by Vehicle (1st Degree)
  2. Serious Injury by Vehicle
  3. Any felony in the commission of which a motor vehicle is used
  4. Fraudulent or Fictitious Use of or Application for a License or ID Card
  5. Operating a Motor Vehicle with a Revoked, Cancelled, or Suspended Registration
  6. Racing on Highways or Streets Hit & Run/Leaving the Scene of an Accident
  7. Homicide by Vehicle (2nd Degree)
  8. Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer
  9. Driving Under the Influence of Drugs or Alcohol
  10. Refusing to Take the State’s Chemical Test for Intoxication
  11. No Proof of Insurance
  12. Feticide by Vehicle (1st degree)
  13. Feticide by Vehicle (2nd degree)
  14. Accumluating 15 or more points in a 24 month period. Not the past 24 months, but any 24 month period.
  15. Possession of a Controlled Substance (including Marijuana)

Drivers who are under 21 years of age will have their license suspended if they plead or are found guilty of:

  1. Hit & Run/Leaving the Scene of an Accident
  2. Racing on Highways or Streets
  3. Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer
  4. Reckless Driving
  5. Any offense for which four or more points are assessable under O.C.G.A. 40-5-57 (c):
    a. Improper passing on a hill or a curve
    b. Unlawful passing of a school bus
    c. Exceeding the speed limit by 24 mph or more
  6. Aggressive driving
  7. Purchasing an Alcoholic Beverage
  8. Misrepresenting Age for Purpose of Illegally Obtaining Any Alcoholic Beverage
  9. Driving Under the Influence

Effective January 1, 2002: The driver’s license of any person under 18 years of age who has accumulated a violation point count of 4 or more points in any consecutive 12 month period shall be suspended by the department as provided by in this code section.

Note: A suspension provided for in this Code section shall be imposed based on the person’s age on the date of the conviction giving rise to the suspension.



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