Have you been arrested or cited for speeding in Georgia?
Is speeding an underlying or related offense to your Georgia DUI?
Speeding is one of the most frequently charged traffic offenses in Georgia. While this is a relatively minor charge, it can be a predicate offense to a more serious offense or even lead to a license suspension in certain circumstances. It is often the predicate offense for a DUI Arrest in Georgia.
Our Georgia DUI lawyers have a great deal of experience negotiating speeding tickets as many DUI cases begin as a speeding case (speeding is the reason the car was pulled over to begin with). Speeding itself is a hard charge to contest because even if the laser or radar is thrown out, the officer can still testify that he or she “paced” the vehicle and could tell it was going faster than the state limit. On the bright side, many traffic court prosecutors are willing to negotiate the terms of a speeding ticket and it can often be kept off your driving record (i.e. not reported to driver services) if you do a class, pay a higher fine or do community service.
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What is the Speeding Law in Georgia?
O.C.G.A 40-6-180 and O.C.G.A 40-6-391 are the applicable statues involved in Georgia speeding case. In terms of your driving record, the Georgia Department of Driver Services (DDS) maintains these records and this is what your insurance company would generally look to in determining your rates. For driving less than 15 over the limit, a conviction for speeding is not reported to DDS. 15-18 miles over the limit is 2 points, 19-23 miles over the limit is 3 points, 24-33 miles over the limit is 4 points and 34 or more miles over the limit is 6 points.
For a driver over the age of 21, an accumulation of 15 points or more over a 24 month period will lead to a license suspension for 6 months. For drivers under age 21, receiving a 4 point offense will lead to a license suspension. For youthful offenders in Georgia, under the age of 18, If you receive offenses over time that total 4 points, combined from any series of events, this will lead to a suspended license.
Georgia also has a Super speeder law. This means that in addition to the fine you have to pay when you got to Court on your ticket (or that you mail in to pay your ticket), you also will receive a fine and a separate ticket you have to pay to the state of Georgia. Super speeder apples when you travel over 75 miles per hour on a two lane road or over 85 miles per hours on all other roads. If you do not pay the additional fine that is sent in the mail, your license will be suspended. This is why it is very important to keep a correct address at the Department of Drivers Services. If you fail to receive your notice, it will not be a defense to a suspended license charge in Georgia.
What can be done if I am charged with Speeding in Georgia?
The goal in most speeding cases is usually to negotiate the case to a speed less than 15 miles per hour. In that case, the speeding will not go on your Georgia Drivers History (MVR). A nolo plea to speeding will not prevent the speeding ticket from being posted to your driving record. Your insurance company will see the nolo contendre (no contest) plea. So, a reduction of the speed is better.
You also have defenses to speeding in Georgia. A police officer cannot use radar or laser equipment to detect your speed within 300 feet of a reduction of the speed limit in an incorporated municipality or within 600 feet of a reduction of a speed limit in an unincorporated area or if the grade of the highway is more than 7 percent. In addition, the officer cannot use radar or laser readings as evidence against you if the speed limit was reduced within 30 days of your offense.
If the speeding ticket is the related offense to your Georgia DUI case, then the stakes are much higher. The speeding would then become the probable cause for your arrest. If the State of Georgia Prosecutor cannot prove the speed, there will be no basis for the traffic stop that resulted in the DUI arrest. As a result, being able to challenge the speeding ticket become very important to your Georgia DUI Defense.
We Can Help You With Your Georgia DUI Case And the Related Speeding Offense:
Contact us today to discuss your speeding ticket and your Georgia DUI if applicable. We are here 24/7 to protect your rights and answer your questions. Our Georgia DUI Attorneys are experienced and ready to help. Our Georgia DUI Lawyers are always here because your problems should not have to wait until Monday morning.