Have You Been Charged with Alteration of Odometer in Georgia?

Have You Been Arrested for Tampering with an Odometer?  

If you are facing charges for altering an odometer in Georgia, understanding your options and your potential defenses is essential. At Lawson and Berry, our team of dedicated attorneys has over 50 years of experience defending Georgia drivers. If you or a loved one has been charged with altering the odometer, we are here to help. Our offices are open 24 hours a day, 7 days a week. Don't wait until the next business day to get answers to your questions. Call now for a free case evaluation with one of our experienced Georgia Tampering with the Odometer Lawyers. 

Georgia Law on Odometer Tampering

Under Georgia law, odometer tampering is prohibited by O.C.G.A. § 40-8-5. This statute makes it illegal to alter, disconnect, or reset a vehicle's odometer with the intent to misrepresent the vehicle's actual mileage. 

There are several other ways a person could be charged with tampering with an odometer in Georgia: 

• Knowingly bringing into this state a vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts
• Knowingly selling or attempting to sell a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts
• Advertising for sale, to sell, to use, to install, or to have installed any device which causes an odometer to register any mileage other than the actual mileage driven.
• Conspiring with any other person to violate any of the Code section. 

Odometer tampering is a serious offense because accurate mileage is a critical factor in determining a vehicle's value and condition. 

Penalties for Odometer Tampering in Georgia

If convicted of altering the odomoter, a person will be charged with a misdemeanor. In Georgia, misdemeanor convictions are accompanied by a fine up to $1,000, jail time up to 1 year, or both. In addition to criminal penalties, a person found guilty may be subject to lawsuits from affected buyers, including potential damages for fraud. A person found guilty may be liable for: 

• Three times the amount of actual damages sustained or $1,500.00, whichever is greater; and

• The costs of the civil action, together with reasonable attorney's fees, as determined by the court.

Federal laws may also apply under the Truth in Mileage Act, which can imposes additional penalties for odometer fraud.

Possible Defenses to Odometer Tampering Charges

If you are charged with odometer tampering, there are several potential defenses, depending on the facts of your case:

1. Lack of Intent:
   Intent is a key element of the crime. If the tampering occurred accidentally or as part of a repair without the intent to defraud, this may serve as a defense.

2. No Knowledge of Tampering:
   If you purchased or sold the vehicle without knowledge that the odometer had been altered, you might argue that you were unaware of the issue.

3. The time limit to bring a case has passed: Under O.C.G.A. 40-8-5, an action must be brought within 2 years from the date the liability arose. 

4. Mistaken Identity or Evidence:
   The prosecution must prove that you personally altered the odometer or directed someone else to do so. If the evidence is insufficient or unreliable, this can be a basis for a defense.

5. Disclosure:
   If you disclosed the odometer's true mileage to the buyer in writing, this might counter claims of fraud or misrepresentation.

6. Chain of Custody Issues:
   If there are gaps in the chain of custody for evidence (such as the vehicle), it might weaken the prosecution's case.

Conclusion

Odometer tampering charges in Georgia carry significant consequences. However, by understanding the law and working with a knowledgeable Georgia Alteration of Odometer Lawyer, you can develop a strong defense strategy tailored to your situation. Call today for a free case evaluation.