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Racing on Highways – DeKalb County Lawyer

Street racing is considered a major traffic violation in Georgia. Since 2020, there have been a significant increase in Street Racing and Laying Drag tickets and arrests in DeKalb County, and the Atlanta Area. In response, police in DeKalb County have implemented a substantial effort to reduce street racing and laying drag on highways. This blog will explain in detail the law on Racing in Georgia.

Racing on Highways or Streets, defined by O.C.G.A. § 40-6-186, means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes. Georgia law prohibits any vehicle on a highway or street to engage in any race, or speed competition. It is considered a misdemeanor criminal offense. Officers in Georgia can either issue a citation or make an arrest for Racing. After citation or arrest, there will be an arraignment hearing where you will be asked to enter a guilty or not guilty plea. During the course of the criminal case, there may be plea negotiations, a bench trial, or a jury trial.

What is the punishment of Racing in Georgia?

Since it is a misdemeanor offense, the maximum penalty is 12 months in jail for this charge.  In addition to Racing, the officer may also cite you with Speeding and Reckless driving, which each can carry another 12 month sentence consecutive. In addition to probation or jail, and high fines, there will be insurance premium increases, and a mandatory license suspension. If you are convicted of Racing in Georgia, the license suspension is a minimum 120 days. A limited permit is an option that can be explored.

However, the driver’s license suspension could be much longer depending on any previous tickets on your motor vehicle report. This is because Racing is a contributing offense towards Habitual Violator status. For example, if in the past five years you were convicted of Suspended Registration, DUI, and Racing, it would be a five-year habitual violator suspension. A skilled defense lawyer will evaluate your motor vehicle report to help advise you on license consequences as well as negotiate favorable resolutions where license suspension, points, and jail are always avoided where possible. Lastly, bench and jury trials are also an option in Racing and other traffic cases in DeKalb County.

If you or a loved one has been cited or arrested for Racing in Atlanta, give us a call for a FREE CONSULTATION at 404-581-0999. With increased focus throughout DeKalb County and Atlanta, on these types of charges, it is imperative to have an advocate in court if you are charged with Racing or Laying Drag in Georgia.

Alive at 25

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

Speeding Laws in Georgia

In Georgia, a speeding citation can result in a number of possible consequences. Not only will there be a monetary fine associated with driving over the maximum speed limit, but also the citation can add points to the driver’s record, which in turn could suspend his/her license, and possibly even increase costs of insurance.

The amount of the fine for speeding depends on multiple factors such as where the violation occurred, the driver’s previous record, and the posted speed limit. However, the maximum fines for a first time speeding violation are as follows:

  • $25 for driving > 5 mph over < 10 mph over the speed limit
  • $100 for driving > 10 mph over < 14 mph over the speed limit
  • $125 for driving > 14 mph over < 19 mph over the speed limit
  • $150 for driving > 19 mph over < 24 mph over the speed limit
  • $500 for driving > 24 mph over < 34 mph over the speed limit

Additionally, according to O.C.G.A. § 40-6-189, drivers in Georgia must pay an additional penalty on top of the fine collected from the speeding citation when drivers have been considered a “Super Speeder” under Georgia law. This fine is an additional $200. In Georgia, a “Super Speeder” is characterized as a driver convicted of speeding in one of the following ways:

  • The driver is convicted of speeding at 75 mph or more on a two-lane road; OR
  • The driver is convicted of speeding at 85 mph or more on any other road or highway in the State of Georgia.

The Georgia Super Speeder penalty must be paid prior to the deadline stated in the statute or the driver’s license will be at risk of suspension.

Point System

In Georgia, one of the consequences of certain speeding citations is that points are added to a driver’s record upon conviction. The Georgia Point System ranges from 2-6 points per offense. A driver with 15 points in a 24-month period will have his/her driver’s license suspended. The following speeding citations have the below-mentioned stated consequences to a driver’s record:

  • 15- 18 mph over the speed limit = 2 points
  • 19-23 mph over the speed limit = 3 points
  • 24-33 mph over the speed limit = 4 points
  • 34 + mph over the speed limit = 6 points

Due to the possibility of having your driver’s license suspended if either you are at risk of accumulating too many points or failure to pay your Georgia Super Speeder penalty, it is of vital importance to a hire an experienced traffic/ criminal defense attorney to advise you of all of your possible options, as well as your constitutional rights. At the Law Offices of W. Scott Smith, we do just that. Therefore, if you have been charged with speeding over the maximum limit, please call our office today at 404-581-0999 for a free consultation.

Miranda Rights

MIRANDA RIGHTS

By Andrew Powell Esq.

Almost everyone has seen a crime television show and heard the infamous phrase “you have the right to remain silent, anything you say can and will be used against you in the court of law, you have the right to an attorney, and if you cannot afford one an attorney would be appointed to you.” However, most people do not know when or why this phrase is so commonly used by police. In 1966, the United States Supreme Court decided to require law enforcement officials to read this list of rights to someone who has been taken into custody. These rights are known commonly as your “Miranda Rights.”

Purpose Of Reading The Miranda Rights

The United States Constitution and specifically the Fifth Amendment guarantees anyone who has been arrested the right not to incriminate themselves. Plainly put, an individual does not have to talk to police when they have been arrested. The Constitution and our form of justice requires that the government carry their burden and prove to a judge or jury that someone charged with a crime is guilty beyond a reasonable doubt.georgia-juvenile-defense

Too often law enforcement officials become overzealous with their search for the truth and overstep the Constitutional bounds in their pursuit. It may not surprise you that police use coercive tactics or even lie to someone to get them to confess to a crime. Miranda warnings are a safeguard to protect against those who may cross that Constitutional boundary. The government must show the court that you were read your Miranda rights and that you waived your rights guaranteed by the Constitution.

When Does Miranda Apply To Me?

Confessions are the leading source of Miranda violations. When someone has been accused of a crime, big or small, they are often questioned in connection with that crime. Miranda rights must be read to someone after they are under arrest and before any law enforcement official asks any questions to the suspect.  Law enforcement officials have a tough job and they investigate crimes every day. Many officers are trying to make quick decisions based on little information. However, this does not allow them to just simply force people to talk to them and answer their questions.

Many times law enforcement officials will arrest someone and take them back to the police station for an interview. Generally, they will quickly go over your rights with you and ask you if you want to talk to them. If you have been charged with a crime this is where you want to stop and tell the law enforcement official that you would like to speak to your attorney.

When Does Miranda Not Apply To Me?

People sometimes think that any encounter with law enforcement requires them to read you your Miranda rights. This is untrue. Most encounters between people and law enforcement do not require the reading of your Miranda rights. As discussed above, the Miranda warnings are only required when you have been placed under arrest and the police are asking you questions regarding the crime.

Traffic stops are a common place to have an encounter with law enforcement where Miranda warnings are not required to be read to someone. In this circumstance, generally you are not under arrest and law enforcement is just going to ask you some general questions and write you a ticket.

In terms of a DUI, the police officer is not required to read the Miranda warnings. The officer may ask you to take a series of tests, known as Field Sobriety Tests or request you to blow into a machine that registers your blood alcohol content. Even though the officer does not have to read your Miranda rights to you, you have the ability to refuse these tests and refuse giving a breath sample.

Another common scenario is when law enforcement asks you to come to the station and make a statement. In this circumstance, Miranda warnings are not necessary because you have voluntarily come to the police station and are not under arrest. Remember, law enforcement is only required to give you the Miranda warnings once you have been arrested and before they initiate any questioning of you.

What Does A Miranda Violation Mean For Me?

Confessions or statements made to law enforcement will not be allowed at trial if law enforcement has not, first, read you the warnings required in Miranda. If you were forced into making a statement or the police did not read your rights to you and you then confess to a crime, whether it is a DUI or murder, that confession cannot be used against you at your trial. With your statement or confession tossed out it can help strengthen your case and possibly force the prosecutor’s office to drop the charges because they do not have enough evidence to prosecute you.

If you have been charged with crime and feel your rights were violated during the process, call our office and we can help you navigate the system. Our office has extensive experience in misdemeanors and felonies. Fighting charges with an attorney’s help is important because any conviction on your record will greatly reduce the possibility of having future charges lowered or dismissed. At the W. Scott Smith law firm we can identify where the police have violated your rights and ensure evidence will be kept out. Our firm can handle your misdemeanor or felony case with the expertise you need to save your record. Give us a call for a free consultation at 404-581-0999.

Peach State Lawyers Practice in Decatur Municipal Court

If you’ve been pulled over for a traffic charge, city ordinance violation, or some misdemeanors inside the city limits of Decatur, you will have to attend court at Decatur Municipal Court. Decatur Municipal Court arragignments are commonly held at night. Decatur Municipal Court is currently located at 120 West Trinity Place, Decatur, Georgia 30030. Municipal Court is held on the third floor of this building.

 

Decatur Municipal Court is one of the few municipal courts in the state of Georgia that holds preliminary probable cause hearings for felony and misdemeanor charges before binding them over to State or Superior Court. Those hearings are generally heard before traffic court on any given day.

 

Decatur Municipal Court expects all of its patrons to dress in a manner that shows respect for the court. They start on time at 6pm most days, and like most other municipal courtrooms in Georgia take private attorney cases before handling cases for unrepresented citizens. If you’d like a lawyer to represent you in a matter pending in Decatur Municipal Court, please contact the Peach State Lawyer at 404-581-0999 for a free in-person or phone consultation.

 

We look forward to helping you.

Peach State Lawyers Practice in Gwinnett Recorders Court

If you’ve been pulled over or cited by a Gwinnett County Police Officer, Sheriff, or Georgia State Patrol Trooper for any traffic violation including DUI; or have been cited for a Gwinnett County code violation, you are due to appear in Gwinnett County Recorders Court. Recorders Court is another name for traffic court. There is a solicitor. There is a judge. But cases in Recorders Court are not tried in front of a jury. Gwinnett County Recorders Court is located at 115 Stone Mountain Street, Lawrenceville, Georgia 30046. Gwinnett County Recorders Court is not located in the same building as State and Superior Court.

 

There are three courtrooms in Recorders Court. Court starts promptly at 8:30am, and you need to be there early to find out which courtroom you are assigned to. After you get through security, go up the stairs to see a series of windows. At these windows you can check in, and get your courtroom assignment. You then enter your assigned courtroom and have a seat in the pews. Recorders courtrooms are extremely busy and it is not uncommon to see 150-250 people in each courtroom on any given day.

 

Like many municipal and traffic courts in the State of Georgia, solicitors handle private attorney cases first. Guilty pleas are handled after private attorney cases. The last cases handled in Gwinnett County Recorders Court are unrepresented citizens looking to fight your case. There are no electronic devices allowed in Gwinnett County Recorders Court.

 

Peach State Lawyers can go to Gwinnett County Recorders Court on your behalf. We can negotiate with the solicitors to get your best possible options before asking you to waste your time in court to enter a plea. Then when you do decide how you want to handle your case, we can get you in and out of Court quickly and on with your day. If you are scheduled to appear in Gwinnett County Recorders Court, please call us today at 404-581-0999 for a free consultation.