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Municipal Court of Atlanta – Atlanta Move Over Attorney

Georgia’s “move over” law is designed to keep officers, emergency workers, and first responders safer when they are stopped on the side of the road with their emergency lights flashing. It was passed in 2003 to reduce the number of police officer and HERO fatalities that were occurring due to traffic crash responses. The law saves lives and makes sense, but unfortunately, too many Georgia motorists are unaware that it exists until they are slapped with a $500 fine.

If you have been issued a citation for violating the Move Over law in Atlanta either by Atlanta Police Department or Georgia State Patrol, your citation will be prosecuted by the City of Atlanta Solicitor. Your court date will be set at the Municipal Court of Atlanta at 150 Garnett Street in Atlanta, Georgia. In many instances, attorneys can appear on behalf of their clients for move over violation citations.

Under O.C.G.A. § 40-6-16, Georgia law requires drivers to move over to the next lane if safely possible when passing a stationary emergency vehicle, towing vehicle, or recovery vehicle when their lights are flashing. If moving over is absolutely impossible, the law requires you to slow down to below the speed limit but to be prepared to stop your car. Violations can result in a fine of $500 for the first offense. Once you factor in the court costs, however, this can put you well above $500, even if this was your first offense, and even if you had never heard of the law. Paying the fine on your citation means you are admitting you are guilty to the offense which raises a number of consequences.

A violation of this statute could cost you much more than the fine itself. A conviction for this traffic offense will also add 3 points to your driving record. A driver with 15 points in a 24 month period will have their license suspended. Points on your record also subject you to higher car insurance rates because your insurer believes you are more likely to file a claim than someone with lower points on their record. Getting just one traffic ticket can boost an average person’s auto insurance premiums by as much as 22 percent.

Additionally, violating Georgia’s move over law can be a basis for an officer to stop your vehicle which can lead to even more serious charges. Under both the Georgia and the United States Constitutions, an officer needs “reasonable articulable suspicion” to justify pulling your vehicle over for an investigative stop. Violating this statute gives the officers that power to stop you and investigate you, which ultimately can lead to a DUI arrest or the investigation of other potential and more serious crimes.

To avoid these repercussions of violating Georgia’s move over law, always drive attentively and don’t risk being pulled over or injuring the emergency workers on the side of road. If you see lights ahead, do all that you can to safely move over. If moving over safely is impossible, remember to slow down below the speed limit when passing emergency lights, and be prepared to stop. It can save lives, and it can save you money and the hassle.

If you have been cited with a violation of Georgia’s move over law, call our office and we can help you navigate the system. Our office has extensive experience in traffic violations and DUI defense. Fighting traffic tickets with an attorney’s help is important because any conviction on your record will greatly reduce the possibility of having future citations lowered or dismissed. Our firm can handle your traffic ticket case with the expertise you need to save your record. Give us a call for a free consultation at 404-581-0999.

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.

Traffic Tickets and Young Drivers

Under 21 and Received a Ticket?

Traffic tickets happen to the best of us. There are very few people who have not been stopped by a police officer, whether it be for Speeding, Failure to Yield, or even Following too Closely.  The consequences of receiving a traffic ticket in Georgia vary depending on the severity of the traffic offense, as well as on the motor vehicle history of the driver. Georgia law may assess points on your license that can cause insurance increases, and will even suspend your driver’s license depending on the offense. However, there is nobody who is affected more harshly with a traffic ticket than a young driver. Drivers under the age of 21 are treated differently than adult drivers, and drivers under the age of 18 are treated even more severely than that.  

Mandatory Suspensions

There are certain mandatory suspensions for drivers under 21 years of age:

  • Hit and run or Leaving the scene of an accident
  • Racing on highways or streets
  • Speeding
  • Fleeing or Attempting to Elude
  • Reckless driving
  • Improper passing
  • Unlawful passing of a school bus
  • Aggressive driving
  • Driving Under the Influence

It can get worse

The suspensions for an under 21 driver are a minimum period of 6 months. In these scenarios, there is no limited permit for work or school available. If you get two or more of the more serious traffic tickets when you are under 21 years old, your license is suspended for a full 12 months. Thus, if you are a young driver charged with a traffic offense, it is imperative to have an attorney represent your interests in negotiating your case to a reduced charge that will not have the same affect on your driving privileges.

If you are a driver between the age of 15 and 17, Georgia law can be even more harsh. In addition to the above offenses that can suspend your license, even minor tickets can suspend your license when you are under 18 years old and still in high school. This is based on Georgia law that suspends young drivers’ licenses after only 4 points in a 12 month period. This can mean just 1 speeding ticket can suspend your license.

What’s next?

There are several options if you are a young driver in Georgia facing traffic offenses. Diversion programs allow young drivers to complete a driving course or community service in exchange for a dismissal of the ticket. Defense attorneys can negotiate with the prosecuting attorney to reduce the charge to fit within another charge that does not suspend your license or raise your insurance. If you or a young driver you know has been charged with a traffic ticket in Georgia, call us today for a free consultation. We have represented young drivers all over Metro Atlanta and Georgia with insurmountable success. 404-581-0999.

The “Slow Poke” Law

The “Slow Poke” Law

Traffic Ticket for Driving The Speed Limit? Can you really get a ticket for driving the speed limit?

In Georgia, the answer is YES you can!

Although Georgia’s “slow poke” law has been in effect since July 1, 2014, many people are still unaware of the law and its impact. States across the country have begun cracking down on drivers that impede the flow of traffic by lingering in the left lane. As part of this effort to combat traffic congestion and road rage incidents, the Georgia legislature amended O.C.G.A. § 40-6-184 to criminalize the act of driving in the left lane regardless if the driver is driving the speed limit. Specifically, it is illegal to “impede the normal and reasonable movement of traffic.” Thus, a driver who is driving the speed limit in the left lane with drivers behind them can be ticketed for failure to move over one lane to the right. In areas with more than 2 lanes of traffic, the law only applies to the “most left-hand lane other than a high occupancy vehicle lane” so drivers are not required to move all the way over to the far right.

Most jurisdictions began implementing the law through the issuance of warnings, but officers are not required to give you a warning because ignorance of the law is not a legal defense. Remember to only use the far left-hand lane when passing slower vehicles and always yield to faster traffic by merging back over to the right. If ticketed with a violation of the “slow poke” law, it’s important to remember that while officers have a wide range of discretion in determining whether a driver is impeding traffic, there are also many other factors such as weather conditions, time of day, and the general flow of traffic in the area that can affect your case.

If you are ticketed for impeding the flow of traffic you may receive a fine up to $1,000, 3 points on your license, and a substantial increase in your insurance premiums. If you have been charged with a violation of Georgia’s “slow poke” law, call our office and we can help you deal with the court. Our office has extensive experience in traffic violations and DUI defense. Fighting traffic tickets with an attorney’s help is essential because any conviction on your record will greatly reduce the possibility of having future citations lowered or dismissed.  If you have received a traffic ticket give us a call for a free consultation at 404-581-0999.