I often have people call and ask is it worth going to court for speeding ticket or other such minor traffic violation?  Is it worth hiring an attorney to handle such case?  The answer to those questions of course varies from case to case.

When you get a citation for most traffic offenses you will be given the option of paying your citation before court.  However, this does not mean that there will not be legal repercussions nor does it mean that paying the ticket will not have an effect on the drivers license.  In some cases, either because of points or because of the nature of the citation your license may be suspended by your paying the citation before court.

If you’re a commercial drive you should always consult an attorney before paying a citation.  If you are a commercial driver your livelihood depends on your drivers license.  I always recommend that commercial drivers consult an attorney before paying any ticket.

If you are not a commercial driver the answer can be more complicated.  Let’s say for example that you get a minor speeding ticket.  Should you just pay the citation and forget about it or should you consult an attorney?  While I cannot give a definite answer without knowing the details of a case I can give examples of when I would strongly recommend consulting an attorney before paying a citation.

Below is a list of examples of traffic citations you should consult an attorney about.

Any citation that will result in points can lead to the possible suspension of your drivers license. This is especially true if you have had multiple citations in a short period of time.

Any speeding citation for 14 or more over the speed limit.

No proof of insurance.

Driving on a suspended license.

Reckless driving.

Leaving the scene of an accident or failure to report an accident.

Any citation received by a commercial driver.

The above list is not exhaustive but if you receive any of the above citations it is strongly recommended you consult with an attorney.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga and Dade.

Almost everyone will get at least one speeding ticket in their life.  Who has not experienced that sinking feeling of passing a patrol car and then looking down at your speedometer and seeing that needle well past the posted speed limit?

So, what do you do when you get a speeding ticket?  Do you need a lawyer?  Generally speaking, it is not cost effective to hire an attorney to represent you for a speeding ticket.  However, there are exceptions to this rule and you should be aware of the consequences that a guilty plea will have on your driving record an insurance before you pay a speeding citation. Speeding citations can in some circumstances suspend your drivers license!

The following categories of people should strongly consider consulting an attorney or at least educate themselves if they receive a speeding ticket:

Commercial Drivers – If you are a commercial driver and rely on your ability to operate a commercial vehicle for a living you should always consult an attorney about any citation you receive.

People who have a bad driving record – If you have a bad driving record and have accumulated points on your license you may want to consult an attorney.  Your license may be suspended if you accumulate too many points.

Young Drivers – Be aware that drivers under 21are subject to different rules than driver over 21.

Over 15 mph citations – If you are driving 15 mph over the posted speed limit you may be subject to additional penalties and a “super speeder fine”.

If you decide to go to court without an attorney you may wish to discuss with the prosecutor, solicitor or in some courts the Judge himself the possibility of attending a driving school to avoid the citation appearing on your driving record.  Some courts also offer a “pre-trial diversion” programs for speeders, which often involves not getting citations for some period of time and may be combined with a driver safety course.

I hope the above information helps and remember the best way to avoid traffic court is to slow down!

The Georgia legislature also amended O.C.G.A. 40-6-64, which deals with limited driving permits after DUI convictions.  The list of places a person can drive on a limited permit has been expanded.  A person convicted of a first in five DUI can now drive to court, the probation office, and to perform community service on a temporary permit.  In addition, they may also transport an immediate family member who does not have a valid driver’s license to work, to receive medical care and get prescriptions and to school.  Below is the relevant part of the statute:

Standards for approval.  The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, “extreme hardship” means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from:

(1) Going to his or her place of employment;

(2) Receiving scheduled medical care or obtaining prescription drugs;

(3) Attending a college or school at which he or she is regularly enrolled as a student;

(4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner;

(5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver’s license or by the commissioner;

(6) Attending court, reporting to a probation office or officer, or performing community service; or

(7) Transporting an immediate family member who does not hold a valid driver’s license for work, medical care, or prescriptions or to school.

However, note the above changes apply only to over 21 first time DUI convictions which were not refusal cases (those cases where the Defendant did not submit to breath, blood or urine test).  You must of course apply and be approved for a temporary permit by DDS before you can drive anywhere after a DUI conviction!

Effective July of 2012 the State of Georgia has added surcharge equal to 50% of the original fine amount in DUI cases.  In other words, if you are convicted of DUI you must now pay a 50% higher fine.  This makes the lowest DUI fines around $900 now.  The State also added surcharges to vehicular homicide, serious injury by vehicle, underage furnishing, possession of, purchasing and attempting to purchase alcohol.  The above surcharges only apply to defendants arrested after July 1, 2012.  If you were arrested before that date, the old fine amounts will be charged.

How do I get an Ignition Interlock Device

Georgia law requires that anyone convicted of a second or subsequent DUI within 5 years must install and utilize an ignition interlock device on any vehicle that they own.  O.C.G.A. §40-6-391(c).  A list of providers can be found at http://www.dds.ga.gov/drivers/interlock.aspx.

How much will an Ignition Interlock Device cost?

Cost of installation varies but is typically around $65 to $200.  There is a monthly monitoring fee, which is typically around $75 a month for 6 months.  A removal fee of around $100 may be charged.  Total cost for six months is typically around $450 to $750.

How is the Interlock Device Installed?

Installation can be done on any car.  However, the vehicle must pass an electrical inspection.  The device also must be serviced for monthly maintenance and calibration every thirty days.

How does the Ignition Interlock work?

The device is installed by a trained technician.  When the key is placed in the ignition the car will not start until the device is used.  Typically, there is a loud beep and the driver blows into the device.  If the driver passes the test then the car starts.  As the car is moving, the device will ask for retests at designated intervals, typically, there is a time frame for the car to be stopped and moved to a safe location.  All tests are recorded by the device and downloaded at the monthly maintenance appointments.

Non-Georgia residents and Interlock Devices

Defendants who move out of state cannot satisfy the interlock requirement using an out of state interlock service provider.  DDS cannot issue an ignition interlock driving permit to a nonresident.

What is a work or temporary permit?

If convicted of a first offense DUI you may be eligible for a temporary or work permit if you are a Georgia resident and over 21.  However, work permits cannot be used to operate commercial vehicles.

Where can I drive on a work or temporary permit?

These limited driving permits allow a person to continue driving while his/her driving privilege is suspended or revoked, but only for limited, specific reasons:  Business purposes, school, medical care (including obtaining prescriptions, substance abuse treatment, driver improvement).  However, it cannot be used to take family members to school, work, etc. (not advisable even if on the way to licensee’s work, school, etc.).

Yes, if those prescription drugs cause you to be incapable of driving safely.  Many people are arrested, prosecuted and sometimes convicted for driving on pain medications, muscle relaxers and related drugs even when they have a prescription.  However, use caution when driving on any new prescription which could impair driving ability and discuss the issue with your doctor and pharmacist.

If you are convicted of DUI based upon drugs impairing your ability to drive, the consequences to your license can be worse than if you have been drinking and driving.  A DUI drug conviction can suspend your driver’s license for six months with no “work” or temporary permit allowed.

Therefore, use caution when driving on any medication.  Read the warning labels on your prescriptions as many will warn you that they could impair driving and talk to your doctor and pharmacist.     

What happens if I am convicted or enter a guilty plea for DUI?               

The “look back” period for DUI punishment is 10 years.  This means for purposes of determining whether your DUI is your first you count back 10 years.  This differs from your eligibility for license reinstatement, which is a five-year “look back” period.

First DUI (in 10 years)

The punishment for a First DUI in ten years is set by statute and is as follows: 12 months probation.  A fine of $300.00 to $1000 (as of July 1, 2012 a 50% charge is added and will go to the State Of Georgia).  Jail time of not fewer than ten days not more than 12 months, but the Judge has discretion to probate, stay or suspend jail time.  40 hours community service is required but may be lowered to 20 hours in DUI Less Safe cases.  DUI School is required in all cases.  A clinical evaluation as defined by O.C.G.A. 40-5-1 (substance abuse evaluation followed by recommended treatment) is required but may be waived by the Judge.

Second DUI (in 10 years)

If a person is convicted or pleads guilty to a second DUI the punishment increases and is set by statute as follows: 12 months probation, a fine of $600.00 to $1000.00, jail time of not fewer than Ninety (90) days, not more than 12 months, but the Judge has discretion to probate, stay or suspend all but 72 hours of jail time and thirty (30) days community service.  DUI School is required in all cases.  A clinical evaluation as defined by O.C.G.A. 40-5-1 (substance abuse evaluation followed by recommended treatment) is required.

Can I get “First Offender” status for a DUI charge – NO

Can I plead Nolo?  Yes under some circumstances, but a Nolo plea no longer will save your driver’s license.

What is DUI?

It is illegal to be in control of a motor vehicle if under the influence of alcohol or drugs to the extent that you are “less safe” to drive or if your alcohol content is 0.08 or more.  There are two basic types of DUI prosecutions.  DUI Less Safe and DUI Per Se.

What is DUI Less Safe?  (Cases where there are not test results or results are under the per se limit).

It is unlawful to be in control of a motor vehicle if you are under the influence of alcohol or drugs to the extent that it is less safe to drive.  The State will generally try to use a combination of driving conduct, field tests and physical observations (i.e.. odor of alcohol, unsteady on feet, slurred speech, etc.) to make out its case.  The arresting officer will usually testify that it is his or her “opinion” that this combination of factors shows the defendant was a “less safe” driver due to the influence of alcohol or drugs.

What is DUI “Per se”

Georgia law makes it illegal to be in control of a motor vehicle if your alcohol concentration (BAC) is 0.08 grams or more at any time within three hours after driving. O.C.G.A. 40-6-391(a)(5).

Criminal convictions can suspend your driver’s license.  Georgia law requires the Department of Driver Services to suspend driver’s licenses of those convicted of many criminal offenses and traffic violations.  The following is a list of criminal offenses and traffic violations which will automatically suspend your driver’s license.

• DUI – this is one everyone knows about.  Get a DUI and your license will be suspended.  More details in a future post as regards DUI license suspensions.
• Fleeing or attempting to elude a police officer. 
• Racing
• Vehicular Homicide
• Leaving the scene of an accident
• Driving while your license in suspended or revoked
• Refusal to weigh (at a weigh station not because the officer wants to know if you underestimated on your driver’s license.)
• Gas Drive Off
• Driving without Insurance
• Drug convictions (even of misdemeanor Marijuana).
• Getting 15 points within 24 months.
• For drivers under 21 different rules apply (more in a future post).

The above list is not exhaustive and you should always consult an attorney to find out how a particular charge could affect your driver’s license.  Even if you plead guilty to charge there are ways to mitigate the damage to your driving record and save your driver’s license.  For example, a nolo plea to certain offenses can prevent your license from being suspended.  So, always consult an attorney before you go to court.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.