Should I Pay My Speeding Ticket?

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It happens. You’re running late for work and you don’t realize you’re pressing down on the gas as the numbers on your speedometer tick up. Blue lights come out of nowhere, and you’re faced with a speeding ticket. Some luck. While you might be inclined to just pay the ticket and get it over with, take a moment to consider the implications. Paying a speeding ticket has the same effect as entering a guilty plea, so it is important to be mindful of the possible consequences.

If you were speeding 14 miles per hour or fewer over the speed limit, this ticket will not result in any points on your license and will not be reported to the Department of Driver Services. If you were speeding over 14 mph above the speed limit, but less than 19 mph over, your ticket is considered a “super speeder” ticket, and entering a plea to that will result in 2 points on your license, the ticket is reported to DDS, and DDS assesses an additional $200 fine. Speeding 19-23 mph over the speed limit results in 3 points, the ticket is reported to DDS, and you are hit with the $200 fine from DDS. 24-33 mph over is 4 points, along with the other penalties outlined above, and speeding 34 mph or more over the speed limit results in 6 points, the ticket is reported, and you get the additional $200 fine.

Points on your license can have an adverse impact on the cost of your insurance, and getting 15 or more points within a 24 month period can result in a license suspension. If you are under 21, there may be additional penalties to paying speeding tickets. Before you pay that ticket and move on, make sure you understand the risks involved in doing so. We can help you negotiate reductions with the solicitor to help you get the best possible outcome when you are stuck with a speeding ticket.

If you have been charged with speeding, it is important to understand your options. We want to make sure you are educated and empowered throughout the criminal justice process. Give us a call for a free consultation at 404-581-0999. Written by Attorney Katherine A. Edmonds.

Cobb County State Court – Pre Trial Diversion

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If you are arrested for the following offenses, you may be eligible to participate in a diversion program.

The eligible offenses are:

  1. Minor in Possession of Alcohol
  2. Possession of a Fake ID
  3. Possession of Marijuana (VGCSA)
  4. Theft by Shoplifting
  5. Theft by Taking

So if you are arrested on any of these charges, do not walk in to court and plead guilty. You definitely will want to consider the diversion program. If you are accepted and complete the diversion program, then the case will be dismissed and your record will be sealed.

In Cobb County, the prosecutor, otherwise known as the Cobb County Solicitor General, will require you to have an attorney. They will not let anyone enter into the diversion program if they are not represented by an attorney. We will work with you on a payment plan that fits your budget.

There is a $ 350 fee for any person that would like to participate in the diversion program.

There are several requirements that must be completed within 12 weeks once you enter the program. You can complete the requirements earlier than 12 weeks.

  1. Community Service:
    1. For Marijuana possession, theft by shoplifting and theft by taking, you must complete 40 hours of community service.
    2. For possession of a fake ID, you must complete 60 hours of community service.
    3. For minor in possession of alcohol, the community service varies:
      • 40 hours – if you blow below a .08 or are not offered an opportunity to blow into a portable breath device
      • 60 hours – if you possess a fake ID and blow below a .08
      • 80 hours – if you blow between a .08 and .15
      • 120 hours – if you blow above a .15 or refuse.4.

All Cobb County Police Officers are trained to request a breath test if you are caught with an alcohol and are not 21 years of age.

  1. Admissions
    1. For possession of a Fake ID and Minor in Possession of Alcohol, the defendant must admit, in writing, from whom and where they obtained the alcohol and fake ID
  2. Clean Screens
    1. You must pass 3 drug/alcohol screens during the 12 weeks. These drugs screens must be done through the Cobb County Superior Court Drug Lab unless previous permission is granted to do it elsewhere.
    2. These drug screens are for Minor in Possession of Alcohol, Fake ID and Marijuana Possession cases only.
  3. Alcohol and Drug Evaluation
    1. If you are charged with Minor in Possession of Alcohol, Fake ID or Marijuana Possession then you must complete an evaluation from a state certified evaluator. If this evaluation requires treatment, then you must complete the treatment within the allotted time.
  4. Theft Seminar
    1. If charged with theft by shoplifting or theft by taking, you must complete an approved theft seminar.
  5. Essay
    1. If you are under 21 years old, then you must handwrite a 2 page essay about why you should be admitted into the diversion program.
  6. Additional Classes
    1. For Minor in Possession of Alcohol, Possession of a Fake ID and Possession of Marijuana (VGCSA) you must complete one of the following:
      • MADD Victim Impact Panel
      • Teen Drug and Alcohol Impact Program (only if under 25 years old)
      • S.M.A.R.T. Program

So if you are arrested for any of the above, do not panic. Please call us so we can discuss your case, your defenses to your case and see if you are eligible to participate in the diversion program. It is a great way to make sure you do not have a criminal record.

Give us a call 24/7 at 404-581-0999

Georgia Court Dates

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Months ago, you had one of your worst days ever: you were arrested. The time it took to bond out seemed like an eternity. But you’re finally out of jail, and you swear you’ll never be back. Weeks pass, and it all seems like a bad dream. Until one day you check your mail and find a letter from a superior, state or municipal court. The letter is about your arrest. It says you have to be in court on specific days for arraignment, motions, and calendar call. The letter also says if you don’t appear as instructed, you may be issued a bench warrant. But what do these terms mean?

Arraignments

Then and Now

Let’s start with arraignment. Arraignment is a word from British common law adapted into the U.S. Criminal Justice System. Literacy was at an all-time low during the olden days of England. Arraignment was created by their judicial system to tell illiterate defendants their pending charges. Prosecutors would do this by reading defendants’ charges to them in open court, since they couldn’t read the law themselves. Defendants would then be given the opportunity to enter a plea of guilty or not guilty.

Similarly, modern arraignment is the court date at which defendants enter a plea of guilty or not guilty. Should you choose Peachstate Lawyer as your legal representation, we will file the appropriate paperwork to ensure you do not have to be in court for arraignment. That paperwork is called a “waiver” of formal arraignment. The waiver we file enables you to enter a plea of not guilty without having to go in front of a judge. The waiver also preserves your attorney’s right to file motions in your case and receive discovery (i.e. evidence) from the state about your case.

Motions

That brings us to the next most important court date in your case: motions. Depending on the county, you may or may not have to be in court for motions. But rest assured that Peachstate Lawyer will file appropriate motions in your case. Motions are important pre-trial steps to contest the state’s evidence against you. Sometimes motions can get a case thrown out all-together. So, it is very important that you have legal defense, like us, who know which motions to file, and ultimately argue, on your behalf.

Calendar Call

Finally, the last court date referenced in the judicial notice you received is for calendar call. My rule of thumb is to instruct all of my clients to be present at calendar call. Most counties in Georgia issue bench warrants for those who do not appear as instructed. And while that is something our firm can take care of, it is in your best interest to avoid having a bench warrant issued for you. (After all, you swore you’d never go back to jail after bonding out months ago.)

Calendar Call is the date at which your attorney tells the Judge how you plan to resolve your case. Even though you initially entered a plea of not guilty, you may decide to resolve you case by guilty plea if don’t want to have a jury trial & your attorney secured a plea offer that you want to accept. Alternatively, your attorney may also announce ready for trial and your case will be added to the Judge’s next trial calendar.

If you’ve received judicial notice in the mail and do not know what to do next, contact our office today for a free consultation.

by Sarah Armstrong