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Too Fast For Conditions

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Georgia's “Too Fast For Conditions” Law

Under O.C.G.A § 40-6-180, “no person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. Consistently with the foregoing, every person shall drive at a reasonable and prudent speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching and traversing a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.”

When Does Too Fast For Conditions Legally Apply in Georgia?

Generally, a Driving Too Fast For Conditions violation means driving at a speed that impairs a driver's ability to control the car in specific conditions. It is a subjective standard, and thus, it depends on the specific facts of the case. Driving too fast in certain hazardous conditions may make it difficult for a driver to curve or maneuver obstacles on the road. Hazardous conditions may involve heavy traffic, bad weather, a slippery road, or issues with visibility.

The Georgia Court of Appeals has also held that law enforcement may properly issue a citation for Driving Too Fast For Conditions where the driver did not reduce their vehicle's speed when approaching an intersection or maintain their lane while negotiating a curve.

Further, a person may be found to be driving Too Fast For Conditions during inclement weather, even in situations where no other traffic violation is observed.

When Does Too Fast For Conditions Practically Apply in Georgia?

The most interesting thing about O.C.G.A § 40-6-180 is that we use it as “catch all” offense when we attempt to get a more serious charge reduced to a less serious offense.

In Georgia, our court clerks are instructed to not send in tickets to the Department of Driver Services when the offense is O.C.G.A § 40-6-180.  As a result, any offense reduced to what is called in the vernacular “Basic Rules Violation” will not cause points to be assessed to a Georgia driver.

Additionally, a reduction to a “Basic Rules Violation” will also help an out of state driver charged with a traffic violation in Georgia.  If charged with a speeding ticket or any other traffic ticket, our Georgia Traffic Ticket Attorneys will use our experience to negotiate a reduction to “Too Fast For Conditions.”

Basic Rules and CDL Drivers:

Additionally, a Georgia Traffic Ticket Attorney from our office will help CDL drivers charged with driving “Too Fast For Conditions.”  Unlike ordinary drivers, Georgia court clerks will send to the Department of Driver Services any moving violation conviction involving a driver with a CDL.  As a result, we will have to fight those charges for our CDL drivers.

Too Fast For Conditions and DUI:

As with any moving violation, O.C.G.A § 40-6-180 can be the predicate for a DUI investigation.  Once pulled over for any moving violation, a police officer has the right to investigate any other offense that he observes.  He can arrest someone for possession of drugs found in “plain view,” and a police officer can certainly start a DUI investigation of any impaired driver.

Always Hire an Experienced Lawyer When Cited For Any Traffic Offense in Georgia:

If you have been accused of Driving Too Fast For Conditions, contact a Georgia Traffic Ticket Lawyer who will fight for you.  If charged with DUI as a result of being pulled-over for any moving violation, call the Atlanta DUI Attorneys at our office today.  You only have 30 days to protect your right to drive.  Our Atlanta DUI Lawyers are here 24 hours a day, 7 days a week.  Call now!

Our Attorneys

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    Richard Lawson

    Richard Lawson has devoted his entire career to DUI Defense. He ex...

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    Kimberly A. Berry

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Recommendations

  • Kimberly Berry took care of my case

    I could not be a happier with how my case turned out. Kimberly helped reduce my sentence to reckless driving. she really took care of me and all of my needs. Read On

  • Mr. Lawson surpassed my expectations

    Not only is his previous experience as a DUI prosecutor, educational background and experience in the courtroom a plus, but his promptness in returning my telephone calls and answering my questions helped me through the most difficult time of my life. He restored my faith that anything was possib... Read On

  • Richard Lawson exceeded all expectations

    Richard initially set me up with one of his associates Kimberly berry. I could have not been happier with Kimberly. When it came to the day of my trial, Richard actually went out of his way to sit in with Kimberly during the negotiations. They negotiated a reduced sentence. I could have not beeen... Read On

Recent Case Results

  • This case was in Helen Municipal Court.  The client was charged with a DUI and four counts of DUI Child Endangerment.  In Georgia, for every child under the age of 14 in a vehicle it is considered a separate DUI offense.  The client would have been declared an habitual violator from one arrest an... Read On

  • Client was charged with a suspended license because he did not reinstate his privilege to drive after the expiration of his restricted license.  Per my advice, the client properly reinstated his license the day after he was charged.  Case Dismissed in Cobb County State Court.  Read On

  • Client was a resident of New York who was arrested while he was visiting Georgia for pleasure. He was charged with DUI, Reckless Driving, and Speeding 37 MPH over the speed limit. We were able to get the client an unbelievable outcome in Hampton, Georgia. His DUI dismissed, his speeding ticket wa... Read On

Choosing the Best DUI Lawyer

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When you are arrested for DUI in Georgia, finding the right Lawyer is Job #1. At the Law Offices of Richard S. Lawson we will investigate your case and find the best possible legal defense to your DUI in Georgia. You are in good hands with Richard Lawson and his associates. We will work tirelessly to help you while compassionately holding your hand throughout the entire DUI Defense Process.

Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!