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!