Georgia Traffic Ticket Lawyer Drivers Under 21 Years Old
Georgia Traffic Ticket Attorney Drivers Under 21 Years Old
For drivers under the age of 21, almost any traffic ticket can cause a license suspension. It is very important to hire a Georgia Traffic Ticket lawyer who is familiar with licensing issues that apply to drivers under the age of 21. The Georgia Traffic Ticket lawyers at our firm will work diligently to find alternative punishments. No person is automatically guilty, and no person should simply pay a ticket or plead guilty because they have been cited.
For more than 25 years, Richard Lawson and his team of Georgia Traffic Ticket attorneys have been helping young people save their license and their future. Richard Lawson is a former Georgia Traffic Ticket Prosecutor who knows both sides of your case. Put his experience to use for you and your case.
There is no reason to lose a job or opportunities at school just because you have been charged with a traffic offense. We are the top-rated and most-reviewed law firm in Georgia. Richard Lawson is a former prosecutor who knows both sides of your case and will work hard to get a favorable outcome. Our reviews can be found on AVVO.
If you are under 21 years old, your license could be suspended for numerous traffic offenses. This site will cover those offenses in detail in order to inform its readers of the possible charges that can suspend a young person's driver's license.
A Review of Georgia's Under 21 Years of Age Traffic Laws:
Hit and Run or Leaving the Scene of an Accident:
You are required to stop and exchange information with other involved drivers in the event of an accident. Failing to do so could result in criminal charges and the suspension of your driver's license. O.C.G.A. § 40-6-270(a).
In any accident resulting in injury or death, drivers are required to stop immediately and give his or her name and address and the registration number of the vehicle he or she is driving and show his or her driver's license to the other driver if requested. If a person is injured and requests assistance or if it's evident that treatment is needed, drivers are required to render reasonable assistance for the person to receive medical or surgical treatment. If an injured person is unconscious, appears deceased, or is otherwise unable to communicate, the driver must make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted.
If the accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with these requirements will be guilty of a felony and, upon conviction thereof, may be punished by imprisonment for one to five years.
If the accident is the proximate cause of a non-serious or resulted in damage to the other vehicle, any person knowingly failing to stop or comply with these requirements will be guilty of a misdemeanor and upon conviction, may be punished by a fine of $300 to $1000 or up to 12 months in jail or both.
Racing on Highways or Streets:
It is illegal to drive any vehicle on a highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record. O.C.G.A. § 40-6-186(b).
Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer:
It is illegal for any driver to willfully fail or refuse to stop or otherwise to flee or attempt to elude a police officer when given a signal to stop. The signal may be by hand, voice, emergency light, or siren. O.C.G.A. § 40-6-395(a).
Any person convicted of fleeing or attempting to elude an officer shall be guilty of a misdemeanor of a high and aggravated nature, fined $500 to $5,000 and minimum jail time of 10 days. Because it is labeled “high and aggravated,” the amount of earned time allowance will be limited to no more than 4 days per month for jail sentences. Upon a second of subsequent conviction within 10 years, you will face a minimum of 30 days in jail and a fine of $1,000 to $5,000.
Any person who, while fleeing or attempting to elude a pursuing police vehicle or police officer:
- Operates his or her vehicle in excess of 20 miles an hour above the posted speed limit;
- Strikes or collides with another vehicle or a pedestrian;
- Flees in traffic conditions, which place the general public at risk of receiving serious injuries;
- Drives under the influence of alcohol or drugs; or
- Leaves the state
will be guilty of a felony punishable by a fine of $5,000.00 or jail for one to five years or both.
Any Offense for Which Four or More Points are Assessable Will Suspend a Georgia Driver Under the Age of 21:
Unlawful passing of a School Bus:
Drivers are required to stop for school buses that are stopped and operating its visual signals and must not pass the school bus until the bus resumes motion or its signals are no longer activated. O.C.G.A. § 40-6-163.
Improper Passing on a Hill or Curve:
Drivers are not allowed to use the lane of oncoming traffic to pass other traffic when approaching or upon the crest of a grade or a curve in the highway where the driver's vision is obstructed within such distance to create a hazard in the event another vehicle might approach from the opposite direction. O.C.G.A. § 40-6-45(a)(1).
Exceeding the Speed Limit by 24 Miles per Hour or More:
Speeding is detected through either the use of a speed detection device or by a law enforcement officer pacing your vehicle with his own. Most commonly, radar or laser detection is used. Both laser and radar detection are regulated by law. The reliability and validity of the device can be challenged if the equipment did not receive proper maintenance or meet certain calibration requirements. O.C.G.A. § 40-6-181.
O.C.G.A. § 40-6-397 (a) defines aggressive driving as driving “with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42 [overtaking and passing], 40-6-48 [improper lane change or usage], 40-6-49 [following too closely], 40-6-123 [failing to signal], 40-6-184 [driving too slowly], 40-6-312 [lane usage by motorcycles], or 40-6-390 [reckless driving] with such intent.” The law requires a deliberate, intentional act directed at a specific person. It is not enough that the person drive in such a manner that it is clear he or she has no regard for the safety of others, the person charged must have targeted his or her actions toward an individual.
Any person convicted of aggressive driving shall be guilty of a misdemeanor of a high and aggravated nature.
O.C.G.A. 40-6-390 - Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving. To prove reckless driving, there must be evidence that you committed a specific act evidencing a reckless disregard for the safety of persons or property. For example, reckless driving may be established by proving that you were driving at an excessive rate of speed given the posted speed limit and the driving conditions existing at the time.
Other offenses that will cause a suspension to an under 21-year-old driver include:
- Speeding 24-33 mph
- Speeding 34 mph or more
- Aggressive Driving
- Reckless Driving
- Unlawful Passing of a School Bus
- Improper Passing on a Hill or Curve
Consequences When Under 21 Drivers Violate Georgia's Traffic Laws:
If convicted of any of the above traffic offenses while under the age of 21, your driver's license will be suspended for a minimum of 6 months. Entering a plea of nolo contendere will not prevent the suspension of your driver's license and you will not be eligible for a limited driving permit. In order to reinstate your license, you must complete a defensive driving course and pay a reinstatement fee of $210.00 and complete any requirements ordered by the court. Any second or subsequent conviction will result in a 12 month driver's license suspension.
Your license will be suspended for one year if you accrue 15 or more points on your driver's license in any consecutive 24 month period as measured by the offense date. You can reinstate your license immediately once you complete a defensive driving course and pay a $210 reinstatement fee if this is your first or second point's suspension within five years. Your license will be suspended for two years with no early reinstatement if this is your third points suspension within five years, You will still be required to complete a defensive driving course and pay a reinstatement fee to reinstate your license.
A zero-point order may be issued by the court if you attend a driver improvement course for any violation for which points are assessed. If the court issues such an order, the fine will be reduced by 20 percent, and no points will be assessed by the Department of Driver Services on your driving history for the charge. A zero-point order may be accepted once every five years.
Alcohol-Related Offenses Resulting in License Suspensions For Under 21 Year Old Drivers:
- The following alcohol-related offenses can result in a driver's license suspension if you are under the age of 21:
- Purchasing or attempting to purchase an alcoholic beverage;
- Misrepresenting age for purpose of illegally obtaining any alcoholic beverage;
- Misrepresenting identity or using false identification for purpose of purchasing or obtaining any alcoholic beverage; or
- Possession of alcoholic beverages while operating a motor vehicle.
These laws do not apply to the sale, purchase, or possession of alcoholic beverages when the consumption is for medical purposes pursuant to physician's directions, at a religious ceremony, or with the consent of a parent or guardian when the possession is in the home and the parent or guardian is present.
The maximum criminal punishment for a minor in possession charge is a $300.00 fine and 6 months in jail. If a Pretrial Diversion Program or Conditional Discharge plea is an option and the requirements are completed, the charge will be dismissed and no conviction will be reported to the Department of Driver Services and your license will not be suspended. The most common requirements of this type of program or conditional discharge plea are payment of a fine or fee, probation, community service, random drug and alcohol screens, an alcohol or drug awareness course, or an alcohol or drug use risk reduction course.
If convicted of any of the above alcohol-related offenses, with the exception of possession of alcohol while operating a motor vehicle, your license will be suspended for a period of 6 months. A second or subsequent offense can carry a 12 month license suspension. You will not be eligible for a limited driving permit.
A plea of nolo contendere will not prevent a license suspension for charges of misrepresenting your age or identity or using false identification to purchase alcohol or purchasing an alcoholic beverage while under the age of 21. In order to reinstate your license, you must complete a defensive driving course and pay a $210 fee.
If the judge allows you to enter a plea of nolo contendere to the charge of attempting to purchase an alcoholic beverage while under the age of 21, your license will not be suspended.
Your driver's license will be suspended for 120 days if convicted of possession of an alcoholic beverage while under the age of 21 while operating a motor vehicle. To reinstate you must complete a DUI alcohol or drug use risk reduction program and pay a $35 fee. If accepted, entering a plea of nolo contendere to this charge will prevent a license suspension.
Your license will not be suspended if convicted of possession of alcohol while under the age of 21. The judge may require you to complete a DUI alcohol or drug use risk reduction program within 120 days of the conviction, however, and issue a court-ordered license suspension if the course is not completed.
There is hope for persons under 21 years of age who are charged with Georgia traffic offenses:
One of the biggest mistakes is to assume that no one can help and that your fate is already determined. Nothing is further from the truth. Call now. We can help and will find an alternative punishment and work hard to save your license. We have a Georgia traffic attorney here that can help you.