Georgia State Trooper Cites Atlanta Officer During Shelter in Place Order

An Atlanta officer has been cited for speeding in Georgia. According to the Atlanta Police Department, the officer tested positive for the coronavirus. Since testing, he has been ordered to be in isolation and to be abiding by the Shelter in Place Order set by Governor Kemp.

Instead a Georgia State Trooper clocked him driving his personal vehicle on Interstate 75 at 130 MPH. After pulling him over and issuing him a citation, the trooper discovered he had been exposed to the virus as a result.

The Atlanta Police Department has issued this statement to news outlets:

"This officer's actions show an appalling lack of judgement that reflects poorly on our department and the majority of our men and women working hard to stay healthy and serve the public during this difficult time. Once he is deemed healthy and returns to work, he will be immediately relieved of duty and face a disciplinary investigation by our Office of Professional Standards."

As a Georgia DUI Attorney, I handle all types of violations that are related to DUI in Georgia - this includes the offense of speeding. I will cover the law behind what is considered a super speeder in the state of Georgia. The officer was accused of going 130 MPH in a 65 MPH zone. I will show how this violates the super speeder laws here below.

Super Speeder in Georgia

Super Speeder in Georgia is outlined in O.C.G.A. §40-6-189. The law states that drivers in Georgia must pay an additional penalty for driving too fast. You will be classified as a “Super Speeder” if you are convicted of speeding at 75 mph or more on a two-lane road or at 85 mph or more on any other road or highway in Georgia.

Under Georgia's Super Speeder law, the term “two-lane road or highway” means “a road or highway with two lanes for through-traffic movement, exclusive of any portion of the road or highway adjoining the traveled way for parking, speed change, turning, weaving, truck climbing, or other purposes supplementary to through-traffic movement.”

To be clear, if you are driving on a two-lane divided road, it applies when you are going 75 MPH.  If you are driving on a highway, it applies if you are going 85 MPH.  In both situations, the speed limit is irrelevant.  So, the following situations are all Super Speeder violations, even though the applicable speed limits are different:

• 75 MPH in a 55 zone (2 lane road)
• 85 MPH in a 55 zone (highway)            
• 85 MPH in a 60 zone (highway)      
• 85 MPH in a 65 zone (highway)  
• 85 MPH in a 70 zone (interstate highway)      

The additional fine must be paid to the Department of Drivers' Services. You will receive a Super Speeder notice in the mail if you have been pulled over for speeding under any of the above circumstances. Although this law is not associated with points on your license, failure to pay the fine will result in a suspension of your driver's license. You have 120 days after receiving notice from DDS to pay the fine.

Practice Note

Call our offices today if you or a loved one has been arrested or given a citation in the state of Georgia. We can help you now.