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Juvenile Traffic Attorney in Georgia

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When someone under the age of 17 receives a traffic ticket, the Juvenile Court in the county where the offense occurred carries jurisdiction to handle it. Traffic tickets given to children under the age of 17 are classified in one of two ways. 1) Juvenile Traffic or 2) Delinquency case. Some of the most common Juvenile Traffic cases are:

·       Speeding

·       Following too Closely

·       Failure to Obey Traffic Control Device

·       Use of a Cell Phone

·       Failure to Yield

·       Failure to Maintain Lane

Certain offenses, however, are handled strictly as Delinquency cases. These offenses are treated much more serious within Juvenile Court. The following offenses are treated as Delinquency cases in Georgia:

·       Aggressive driving

·       Reckless driving

·       DUI Alcohol or Drugs

·       A speeding offense punishable by four or more points

·       Homicide by vehicle

·       Manslaughter resulting from the operation of a vehicle

·       Any felony in the commission of which a motor vehicle is used

·       Racing

·       Fleeing or attempting to elude an officer

·       Fraudulent or fictitious use of a driver’s license

·       Hit and run or leaving the scene of an accident

·       Any offense committed by an unlicensed driver under 16 years of age

On these more serious delinquency matters, the child could be ordered into temporary custody of DFCS, or if the child has prior juvenile history, or commits a felony, then he or she can be placed in an institution, camp, or other facility for delinquent children. There are several less severe ways a Judge can handle the case that do not involve the sanctions mentioned above. For example, the following dispositions are also available in Juvenile court:

·       Reprimand or order (only available for less serious tickets)

·       License suspension

·       Traffic school, Community Service, and/or a Fine

·       Substance abuse program

·       Probation

Even better, in most Juvenile Traffic cases, an informal disposition is available in most Georgia counties’ Juvenile Court. This sometimes is called Diversion or Abeyance. This means the Court does not transmit the disposition to the Department of Driver’s Services, or to the State at all. After a brief supervision period or perhaps a traffic class or community service, the child’s case is dismissed and the juvenile record can be completely sealed. 

It is important to note that the Department of Driver Services will suspend juvenile license privileges once a ticket is paid in some situations, including WITH certain speeding offenses. It is not wise to handle a juvenile traffic case without a lawyer for this reason amongst the other consequences possible within Juvenile Courts in Georgia.

If you or a loved one has received a traffic ticket and are under the age of 17, call us today for a FREE CONSULTATION on how to best proceed with your case. 404-581-0999.

SB-440

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Being Charged as an Adult in Georgia

Part 1: SB-440: Automatic Transfers to Superior Court

 In 1994, Georgia enacted State Bill 440 (more commonly referred to as SB-440) to “provide that certain juvenile offenders who commit certain violent felonies shall be tried as adults in the superior court. This SB-440 law granted adult courts exclusive jurisdiction over criminal cases involving juveniles (ages 13-17) who are charged with one or more of the following “Seven Deadly Sins”:

  1. Murder
  2. Armed Robbery with Firearm
  3. Rape
  4. Voluntary Manslaughter
  5. Aggravated Sexual Battery
  6. Aggravated Sodomy
  7. Aggravated Child Molestation

 

O.C.G.A. 15-11-560(b)

In essence, juveniles (age 13-17) charged with one of the above-mentioned crimes in Georgia will automatically have his or her case  transferred from juvenile court to superior court, where he or she will be charged, tried, and punished as an adult. If convicted and sentenced to prison, the juvenile will not be sent to a Youth Detention Facility through Georgia’s Department of Juvenile Justice. Instead, the juvenile will be housed with other juvenile inmates in the custody of Georgia’s Department of Corrections until he or she reaches the age of 17 and is thrown into the general prison population.

Occasionally, at the discretion of the prosecutor, a SB-440 case may be transferred back to juvenile court after “after investigation and for cause” if the case has not been indicted yet. By contrast, after indictment, a SB-440 case can only be transferred to juvenile court for “extraordinary cause.” O.C.G.A 15-11-560(d), O.C.G.A. 15-11-560(e). Therefore, time is of the essence when it comes to advocating for the case to be transferred back to juvenile court.

If you know someone charged as an adult with an SB-440 crime, PLEASE contact us at the Law Offices of W. Scott Smith. We would be happy to help you with your case and answer any and all of your questions about juveniles charged as adults.