Following Too Closely – Traffic Lawyer

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Fender benders happen all over Georgia every day. If you were involved in a car accident where your vehicle struck a vehicle in front of you, the police officer likely issued you a citation for Following too Closely, and gave you a court date to attend.

Georgia law states that drivers shall not follow another vehicle “more closely than is reasonable and prudent.” This means that causing a fender bender accident, or hitting the vehicle in front of you, is a violation of the Following too Closely law. On the other hand, an officer can issue a citation for Following too Closely even if there was no car accident. This occurs where a police officer observes you travelling too closely “than is reasonable and prudent” to the vehicle in front of you. Even with no accident, following another vehicle too closely is a sufficient legal basis for an officer to stop and investigate you and the vehicle.

Do I have to go to Court for a Following too Closely ticket?

In most courts in Georgia, a court appearance is required. In some cases, an attorney can appear on behalf of someone charged under this law.

What happens if I am charged or convicted with Following too Closely?

Following too Closely is a misdemeanor in Georgia. This means the maximum penalty is 12 months in jail and/or $1,000 fine plus court costs and fees. Additionally, if you plead guilty to Following too Closely, it will be reported to your Motor Vehicle Report and three (3) points will be assessed, and insurance can be notified. If a driver gets 15 points in a 2 year period, your Georgia driver’s license will be suspended. A Following too Closely citation can raise insurance rates.

What are the defenses in a Following too Closely case?

It is a jury question whether or not you followed the other vehicle “more closely than is reasonable and prudent.” An experienced lawyer can use this statute in negotiations with the prosecutors. Plea negotiations can occur where the Following too Closely charge gets reduced to a different violation that does not carry points, or get reported to your insurance. A jury trial, or a bench trial in front of the Judge, are options in a Following too Closely case in Georgia.

If you have been cited for Following too Closely and issued a citation, call us today for a FREE CONSULTATION at 404-581-0999.

I am under 21 and got a DUI… help!

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If you are under 21 and have been charged with DUI, it is important to note that there are big differences between defending a DUI when someone is over 21 and a DUI where you were under 21.

The biggest difference between them is the acceptable blood alcohol content for young drivers. While the legal limit for drivers 21 and over is .08, drivers under 21 may not “be in actual physical control of any moving vehicle while the person’s alcohol concentration is 0.02 grams or more at any time within 3 hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended.” OCGA 40-6-391(k)(1). This means that folks under 21 can drink less and still be considered DUI.

The other main difference is the mandatory minimum punishment under law. For a first offense in 5 years, folks under 21 who plead or are found guilty to DUI must be sentenced to 1 day in jail (although you will receive credit for any time you already served, and may be able to serve your time on weekends or during non-working hours), 40 hours of community service which must be completed within 60 days of the date of sentencing, an alcohol and drug evaluation and any additional treatment recommended by the evaluator, an a DUI Risk Reduction class. You must also be on probation for 12 months. Your license may also be suspended.

If you are under 21 and you have been charged with DUI, it is important to understand your rights and any defenses. Call our office for a free consultation. 404-581-0999.

Governor Kemp Signs Bill that will Enhance Penalties for Fleeing and Eluding in Paulding County, Georgia

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By: Attorney Erin Dohnalek

On April 25th, 2022, Governor Kemp signed legislation to further public safety efforts in the State of Georgia. One of the bills that he signed, which was passed in the House, as well as the Senate, will enhance or increase penalties and sentencing for individuals charged with fleeing or attempting to elude a police officer in Paulding County. This bill went into effect on July 1st, 2022.

This bill states that:

  • It is unlawful for a driver to fail to stop his/her vehicle or attempt to flee or elude a police officer when he/she is given a visual or audible signal to stop.
  • Any person convicted of a first, second, or third violation of this law will be guilty of a high and aggravated misdemeanor.
  • Any person convicted of a fourth or subsequent violation of this law will be guilty of a felony.

Sentencing:

  • The penalties for a first conviction will be a fine of at least $1,000 and 30 days in jail.
  • The penalties for a second conviction within a 10-year period will be a fine of at least $2,500 and 90 days in jail.
  • The penalties for a third conviction within a 10-year period will be a fine of at least $4,000 and 180 days in jail.
  • The penalties for a fourth conviction, and any subsequent conviction, within a 10-year period will be a fine of at least $5,000 and 12 months in custody.

This bill will dramatically change the penalties for fleeing and attempting to elude in Paulding County. A high and aggravated misdemeanor generally means that the accused will have to serve the entire jail-sentence in custody without the possibility of receiving 2 for 1 credit. The fourth conviction of this crime in a 10-year period will constitute a felony offense. Furthermore, a nolo contendere plea will not avoid mandatory jail time, or a conviction.

Any arrests that occur prior to July 1st, 2022, in Paulding County, for fleeing or attempting to elude a police officer will still be pursuant to the prior statute that allows for lower penalties and sentencing. However, if an accused is arrested for fleeing or attempting to elude on, or after, July 1st, 2022, the sentencing will be enhanced due to this new law.

Contact Us

Due to the severity of the punishment for fleeing or attempting to elude, it is of vital importance to speak with an experienced criminal defense attorney about your case. At the Law Offices of W. Scott Smith, our lawyers are trained to know every aspect of this new law, we understand the defenses to the charge, we take pride in advocating for our clients’ constitutional rights, and we detail all options for our clients when defending their case. If you or a loved one has been charged with fleeing or attempting to elude in Paulding County, Georgia, please call our office today at 404-581-0999 for a free consultation.

Clayton County Serious Injury by Vehicle

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DUI and Reckless Driving charges are considered misdemeanors in Georgia. However, if you were arrested for DUI or Reckless Driving and there was an accident with serious injuries involved, it is likely you will be arrested for the felony offense of Serious Injury by Vehicle under O.C.G.A. § 40-6-394.

 

A Serious Injury by Vehicle case in Clayton County will be prosecuted by the Clayton County District Attorney’s Office.  It is a felony charge, and the Clayton County District Attorney has four years from the date of arrest to bring formal charges against you. Once your case is indicted or accused within the statute of limitations, your first court date will be your Arraignment date. This takes place at the Clayton County Courthouse located at 9151 Tara Boulevard, Jonesboro, GA 30236.

At your arraignment date, you will have the opportunity to enter a Not Guilty plea and make a demand to see the evidence. It is imperative to have an attorney at this phase in the case because certain Constitutional motions must be filed within 10 days of this court date, or the issues are waived. This means that an attorney must file motions challenging the constitutionality of the stop and the arrest, within 10 days of the Arraignment date, or you will lose the ability to fight the case on these issues later on.

What’s the Difference Between a Misdemeanor DUI and a Serious Injury by Vehicle?

The difference between a felony and a misdemeanor is the punishment and the other collateral consequences. DUI and Reckless Driving are misdemeanor crimes, and thus carry a maximum punishment of 12 months in jail. On the other hand, Serious Injury by Vehicle is a felony charges which could result in much lengthier punishment as society views felonies, generally, more harshly. Specifically, for the felony charge of Serious Injury by Vehicle, the minimum punishment is 1 year in prison, while the maximum is 15 years. Certain factors like the blood alcohol content, or whether there was any prior convictions can elevate punishment significantly. Compare that to a Driving Under the Influence charge where the minimum punishment is just 24 hours along with conditions like community service and DUI school.

What about my License?

The Department of Driver Services also treats this crime harshly, and if you plea or are found guilty of Serious Injury by Vehicle in Clayton County or anywhere in the State, you are facing a driver’s license suspension for a period of three years in addition to the other requirements imposed by the Court.

The State does not have to prove you committed an unsafe act like speeding, cutting someone off, or hitting someone’s vehicle from the back. They can proceed only on the fact you were DUI and caused an injury under the statute, even if you were not the cause of the accident.

In order for the State to prove Serious Injury by Vehicle, they must prove the injuries were serious enough to fall under the statute. Courts have held broken bones, being unable to walk well for a period of time, and certainly brain damage, all to be sufficient for the state to proceed on felony charge.

Take the next step

If you or someone you know have been arrested for Serious Injury by Vehicle in Clayton County or the Jonesboro or Atlanta area, it is imperative to meet with a law firm who has a high-level skill in DUI defense as well as in Serious Injury by Vehicle cases. Your future and your freedom depend on it. Call us today for a free consultation at 404-581-0999.

Cobb County Serious Injury by Vehicle

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DUI and Reckless Driving charges are considered misdemeanors in Georgia. However, if you were arrested for DUI or Reckless Driving and there was an accident with serious injuries involved, it is likely you will be arrested for the felony offense of Serious Injury by Vehicle under O.C.G.A. § 40-6-394.

 

A Serious Injury by Vehicle case in Cobb County will be prosecuted by the Cobb County District Attorney’s Office.  It is a felony charge, and the Cobb District Attorney has four years from the date of arrest to bring formal charges against you. Once your case is indicted or accused within the statute of limitations, your first court date will be your Arraignment date. This takes place at the Cobb County Superior Court located at 70 Haynes St, Marietta, GA 30090.

At your arraignment date, you will have the opportunity to enter a Not Guilty plea and make a demand to see the evidence. It is imperative to have an attorney at this phase in the case because certain Constitutional motions must be filed within 10 days of this court date, or the issues are waived. This means that an attorney must file motions challenging the constitutionality of the stop and the arrest, within 10 days of the Arraignment date, or you will lose the ability to fight the case on these issues later on.

What’s the Difference Between a Misdemeanor DUI and a Serious Injury by Vehicle?

The difference between a felony and a misdemeanor is the punishment and the other collateral consequences. DUI and Reckess Drviving are misdemeanor crimes, and thus carry a maximum punishment of 12 months in jail. On the other hand, Serious Injury by Vehicle is a felony charges which could result in much lengthier punishment as society views felonies, generally, more harshly. Specifically, for the felony charge of Serious Injury by Vehicle, the minimum punishment is 1 year in prison, while the maximum is 15 years. Certain factors like the blood alcohol content, or whether there was any prior convictions can elevate punishment significantly. Compare that to a Driving Under the Influence charge where the minimum punishment is just 24 hours along with conditions like community service and DUI school.

What about my License?

The Department of Driver Services also treats this crime harshly, and if you plea or are found guilty of Serious Injury by Vehicle in Cobb County or anywhere in the State, you are facing a driver’s license suspension for a period of three years in addition to the other requirements imposed by the Court.

The State does not have to prove you committed an unsafe act like speeding, cutting someone off, or hitting someone’s vehicle from the back. They can proceed only on the fact you were DUI and caused an injury under the statute, even if you were not the cause of the accident.

In order for the State to prove Serious Injury by Vehicle, they must prove the injuries were serious enough to fall under the statute. Courts have held broken bones, being unable to walk well for a period of time, and certainly brain damage, all to be sufficient for the state to proceed on felony charge.

Take the next step

If you or someone you know have been arrested for Serious Injury by Vehicle in Cobb County or the Marietta area, it is imperative to meet with a law firm who has a high-level skill in DUI defense as well as in Serious Injury by Vehicle cases. Your future and your freedom depend on it. Call us today for a free consultation at 404-581-0999.

 

Fulton County Serious Injury by Vehicle

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DUI and Reckless Driving charges are considered misdemeanors in Georgia. However, if you were arrested for DUI or Reckless Driving and there was an accident with serious injuries involved, it is likely you will be arrested for the felony offense of Serious Injury by Vehicle under O.C.G.A. § 40-6-394.

 

A Serious Injury by Vehicle case in Fulton County will be prosecuted by the Fulton County District Attorney’s Office.  It is a felony charge, and the Fulton District Attorney has four years from the date of arrest to bring formal charges against you. Once your case is indicted or accused within the statute of limitations, your first court date will be your Arraignment date. This takes place at the Fulton County Courthouse located at 185 Central Avenue, Atlanta, GA 30303. At your arraignment date, you will have the opportunity to enter a Not Guilty plea and make a demand to see the evidence. It is imperative to have an attorney at this phase in the case because certain Constitutional motions must be filed within 10 days of this court date, or the issues are waived. This means that an attorney must file motions challenging the constitutionality of the stop and the arrest, within 10 days of the Arraignment date, or you will lose the ability to fight the case on these issues later on.

What’s the Difference Between a Misdemeanor DUI and a Serious Injury by Vehicle?

The difference between a felony and a misdemeanor is the punishment and the other collateral consequences. DUI and Reckless Driving are misdemeanor crimes, and thus carry a maximum punishment of 12 months in jail. On the other hand, Serious Injury by Vehicle is a felony charges which could result in much lengthier punishment as society views felonies, generally, more harshly. Specifically, for the felony charge of Serious Injury by Vehicle, the minimum punishment is 1 year in prison, while the maximum is 15 years. Certain factors like the blood alcohol content, or whether there was any prior convictions can elevate punishment significantly. Compare that to a Driving Under the Influence charge where the minimum punishment is just 24 hours along with conditions like community service and DUI school.

What about my License?

The Department of Driver Services also treats this crime harshly, and if you plea or are found guilty of Serious Injury by Vehicle in Fulton County or anywhere in the State, you are facing a driver’s license suspension for a period of three years in addition to the other requirements imposed by the Court.

The State does not have to prove you committed an unsafe act like speeding, cutting someone off, or hitting someone’s vehicle from the back. They can proceed only on the fact you were DUI and caused an injury under the statute, even if you were not the cause of the accident.

In order for the State to prove Serious Injury by Vehicle, they must prove the injuries were serious enough to fall under the statute. Courts have held broken bones, being unable to walk well for a period of time, and certainly brain damage, all to be sufficient for the state to proceed on felony charge.

Take the next step

If you or someone you know have been arrested for Serious Injury by Vehicle in Fulton County or the Atlanta area, it is imperative to meet with a law firm who has a high-level skill in DUI defense as well as in Serious Injury by Vehicle cases. Your future and your freedom depend on it. Call us today for a free consultation at 404-581-0999.

 

Alive at 25

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As a minor or someone under 21, you are subject to greater penalties for getting moving violations. If you are between the ages of 15 and 24 and have received a speeding ticket, you may consider enrolling in a driver education course, such as Alive at 25.

Alive at 25 is a 4 hour driver’s awareness program, which is designed to educate young people on driving hazards and the importance of driver’s safety. Students gather in the classroom to learn about speeding, driving while impaired, and safe driving habits. Sometimes, if you are a young person who has gotten a speeding ticket or a super speeder, the Solicitor or the Court may require you to complete this class. Doing so soon after you get a ticket can help give you some leverage in negotiating a reduction or dismissal with the solicitor at your first Court date.

The course cost varies depending on your location, but it typically runs around $115. While this may seem like a hefty price tag for a 4 hour course, completion may help you get a reduction or dismissal in your criminal case, reducing the overall fine for the ticket, and it may reduce the cost of your monthly insurance payments. Note that this is not a “behind the wheel” course. Success only requires that you attend and participate. For more information about the Alive at 25 driver’s awareness program, visit https://www.atlantaga.gov/Home/ShowDocument?id=1455 or call us at 404-581-0999. We have experienced attorneys eager to work with you to help you enroll in the course, attend court, and challenge your ticket.

Written by Attorney Katherine A. Edmonds

Traffic Tickets while Traveling through Atlanta, Georgia

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by Ryan Walsh

We receive calls every day from people who receive traffic tickets while driving on the highways of Georgia. Due to traffic, congestion, construction, and rural police departments, out of state residents are targeted and ticketed every day.

These local courts think they can make money off of you since you live out of state. They think you will just pay the fine and move along. Sometimes the officer will even tell you that it is a non-points violation and can just be paid online when that isn’t actually the case.

Georgia is a points state, meaning every conviction for a moving violation involves points that may be added to your out of state license. Also, the conviction may be reported on your driving history and affect insurance rates.

Traffic tickets in Georgia involve more than just a payment of a fine. It is important to understand the risk of just paying the citation on your driving history. It may cost you a lot more than just the fine amount.

Common traffic tickets we see involving out of state drivers include move-over violations, super speeder tickets, hands-free device citations, and accident cases.

I work every day in the traffic courts around Georgia and can give you the best advice on how to approach your citation. Call us today at 404-581-0999 and ask for Ryan Walsh or e-mail me anytime at ryan@peachstatelawyer.com.

Atlanta Pre-Trial Intervention

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The Municipal Court of Atlanta has a special program for minor traffic offenses and some accident cases that involves dismissing these cases without them going on your driving history, without any points going on your drivers license, and without you using your nolo contendere plea. It is called the pre-trial intervention program – traffic division, and you can use the program once a year in the Municipal Court of Atlanta for certain citations.

What qualifies?

Some offenses that qualify are:

  1. Speeding offenses UNDER 34 miles per hour
  2. Minor traffic accidents without any injuries
  3. Three point moving violations that do not involve accidents

Entry into the program is voluntary and involves the payment of a fee and potentially completing a driver improvement course or other requirements. You can choose not to handle your case through the PTI-T program and preserve your right to a jury trial in your case. 

Call us today!

Finally, we’d love to help you navigate your traffic citation in the Municipal Court of Atlanta. Call our office for a free in-depth consultation of all your options to resolve your citation. During that consultation we will explain to you the possible and likely outcomes and what we can do for you to save you time and money. Many traffic citations in Atlanta can be handled by us without you ever going to court. Call us today for a free consultation regarding your traffic ticket at 404-581-0999.

Georgia’s New Distracted Driving Law for Georgia Drivers

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by Mary Agramonte

 

As you have probably heard, Georgia’s new law on Distracted Driving will become effective on July 1, 2018. Georgia’s legislature has made the use of a cell phone will driving illegal in response to an alarming rise of traffic fatalities and serious injuries from car accidents.

The new law will prohibit Georgia drivers from the following:

  • Holding a cell phone at all
  • Texting, reading/ sending emails, using internet
  • Watching or recording videos

The following use of electronic devices will still be allowed even under the new law:

  • Speaking/texting with voice based communication
  • Using an earpiece or Bluetooth to talk on the phone
  • Using a navigation or GPS app

The punishment under this new law will be fines, fees, and points. Specifically, for a first conviction in 24 months, you will face a fine of $50.00 which will not include any surcharges and taxes. A second conviction will increase to $100.00 plus court costs and surcharges.

While the cost is fairly slight for a traffic offense, there will be other repercussions of the law. If an officer sees you on the phone, he now has the ability to pull your vehicle over which in some cases could lead to more serious charges. For example, an officer who has lawfully pulled you over for using your phone can then observe an odor of alcohol coming from your vehicle which can then lead to a DUI arrest.

Overall, this bill is being enacted to save lives as talking and texting on a cell phone while driving places other drivers and pedestrians at risk. According to the Governors Highway Safety Association, Georgia will now join the other 47 states that have already enacted laws prohibited texting and driving.