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Georgia Traffic Ticket Crimes, Speeding Tickets and Loss of Drivers License
from Points Violations
| General
Reference: |
Code
of Georgia Annotated (Code of 1981) |
| Basis
for a Speed Law Violation: |
|
| Basic
Speed Rule: |
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 than existing.
§40-6-180 |
| Statutory
Speed Limit: |
70
MPH(1) on interstate system
or on physically divided highways outside of urban areas
with a population > 50,000 §40-6-181(b)(2)
|
| See
Other below. |
65
MPH1 on the interstate system inside urban
areas with a population > 50,000 §40-6-181(b)(3)
65 MPH1 on State divided highways without full
access control §40-6-181(b)(4)
55 MPH on other locations §40-6-181(b)(5)
30 MPH in urban or residential district §40-6-181(b)(1)
35 MPH on unpaved county road §40-6-181(b)(1.1)
|
| Posted
(Maximum) Speed Limit: |
I.
Based on engineering and traffic investigations, either
the State Commissioner of Public Safety or the Commissioner
of Transportation may lower the above speed limits on
any highway.(2) §40-6-182
II. Based on engineering and traffic investigations, local
governments, within their jurisdictions, may lower the
maximum speed limit on any highway. However, such limit
shall neither be less than 30 MPH outside an urban or
residential district nor less than 25 MPH within such
districts. §40-6-183(a)
III. The State or a local government, within its jurisdiction,
may establish a maximum speed limit in a construction
zone. §40-6-188 |
| Minimum
Speed Limit: |
I.
No person shall drive a motor vehicle at such a slow speed
as to impede the normal and reasonable movement of traffic.
§40-6-184(a)(1)
II. Except when turning left, a person shall not drive
in the left lane of a highway, with at least 4 lanes,
at less than the maximum speed limit.(3)
§40-6-184(a)(2)
III. A person, driving at less than the normal speed of
traffic, shall drive in the right-hand lane then available
for traffic or as close as practicable to the right-hand
curb or edge of the roadway. §40-6-40(b) |
| Posted
(Minimum) Speed Limit: |
Based
on engineering and traffic investigations, the State or
a local government, within its jurisdiction, may establish
a minimum speed limit on any highway. §40-6-184(b)
|
| Other:
|
A
school bus shall not be operated at a speed >40 MPH
or >55 MPH on interstate/defense highway system while
transporting children to and from school activities.(4)
§40-6-160 |
| Adjudication
of Speed Law Violations: |
|
| Civil/Criminal
Adjudication of Violation: |
Except
as Noted, All Speed Law Violations are Misdemeanors. §40-6-1
|
| Other:
|
Speeding
in a Construction Zone is a Misdemeanor of a High and
Aggravated Nature. §40-6-188(c) |
| Sanctions
Following an Adjudication of a Speed Law Violation:
|
|
| Criminal
Sanctions: |
|
| Imprisonment:
|
|
| Term
(Day, Month, Years, Etc.): |
Speed
Law Violations-Not more than 12 months
§17-10-3(a)(1) Speeding in a Construction Zone-Not
more than 12 months §40-6-188(c)
|
| Mandatory
Minimum Term: |
None
|
| Fine:
|
|
| Amount
($ Range): |
Speed
Law Violations-Not more than $1,000(5)
§17-10-3(a)(1)
Speeding in a Construction Zone-$100 to
$2,0005 §40-6-188(c) |
| Mandatory
Min. Fine ($): |
None
|
| Other
Penalties: |
|
| Traffic
School: |
A
driver may be required to attend a driver improvement
course.(6) §40-5-57(c)(1)(C)
|
| Other:
|
|
| Licensing
Action: |
|
| Type
of Licensing Action (Susp/Rev): |
Suspension
via the Point System(7) §40-5-57
Persons
Under 21 Years Old. A person <21 years old who
is convicted of a speeding offense with an assigned point
value of 4 points is subject to Revocation.
§40-5-57.1(a), (b)(1) & (d) |
| Term
of License Withdrawal (Days, Months, Years, etc.):
|
1
to 5 years depending on the number of points
that have been accumulated. §40-5-57(d)
Persons Under 21 Years Old who are subject to revocation.
1st offense-6 months 2nd or
subsequent offense-12 months. A person's
license cannot be reinstated until they have completed
a defensive driver program. §40-5-57.1(a), (b)(1) &
(d) |
| Mandatory
Minimum Term of Withdrawal: |
2
years upon reaching the requisite point assessment
for the third time within 5 years(8)
§40-5-57(d)(3)
Persons Under 21 Years Old who are subject to revocation.
1st offense-6 months 2nd or
subsequent offense-12 months §40-5-57.1(a),
(b)(1) & (d) |
| Miscellaneous
Sanctions Not Included Elsewhere: |
|
| Other
Criminal Actions Related to Speeding: |
|
| Racing
on Highway(9):
|
Misdemeanor
§40-6-186(b) & (c) |
| Sanctions:
|
|
| Criminal
Sanction: |
|
| Imprisonment
(Term): |
Not
more than 12 months §17-10-3(a)(1)
|
| Mandatory
Minimum Term of Imprisonment: |
None
|
| Fine
($ Range): |
Not
more than $1,0005 §17-10-3(a)(1)
|
| Mandatory
Minimum Fine: |
None
|
| Administrative
Licensing Action: |
|
| Licensing
Authorized and Type of Action: |
Suspension
§§40-5-54(a)(4) & 40-6-186(c) Suspension
via the Point System7 §40-5-57
Persons Under 21 Years Old. Revocation
§40-5-57.1(a), (b)(1) & (d) |
| Length
of Term of Licensing Withdrawal: |
12
months §40-6-186(c) Via the Point System 1
to 5 years depending on the number of points
that have been accumulated. §40-5-57(d)
Persons Under 21 Years Old. 1st offense-6
months 2nd or subsequent offense-12
months A person's license cannot be reinstated
until they have completed a defensive driver program.
§40-5-57.1(a), (b)(1) & (d) |
| Mandatory
Action--Minimum |
|
| Length
of License Withdrawal: |
None(10)
If via the Point System-2 years upon
reaching the requisite point assessment for the third
time within 5 years7 §40-5-57(d)(3)
Persons Under 21 Years Old. 1st offense-6
months 2nd or subsequent offense-12
months §40-5-57.1(a), (b)(1) & (d)
|
| Other:
|
A
driver may be required to attend a driver improvement
course.6 §40-5-57(c)(1)(C) |
| Reckless
Driving: |
Misdemeanor
§40-6-390(a) & (b) |
| Sanction:
|
|
| Criminal:
|
|
| Imprisonment
(Term): |
Not
more than 12 months §40-6-390(b)
|
| Mandatory
Minimum Term of Imprisonment: |
None
|
| Fine
($ Range): |
Not
more than $1,0005 §40-6-390(b)
|
| Mandatory
Minimum Fine: |
None
|
| Administrative
Licensing Actions: |
|
| Type
of Licensing Action (Susp/Rev): |
Suspension
via the Point System7 §40-5-57
Persons Under 21 Years Old. Revocation
§40-5-57.1(a), (b)(1) & (d) |
| Length
of Term of License Withdrawal Action: |
1
to 5 years depending on the number of points
that have been accumulated. §40-5-57(d)
Persons Under 21 Years Old. 1st offense-6
months 2nd or subsequent offense-12
months. A person's license cannot be reinstated
until they have completed a defensive driver program.
§40-5-57.1(a), (b)(1) & (d) |
| Mandatory
Term of License Withdrawal Action: |
2
years upon reaching the requisite point assessment
for the third time within 5 years6 §40-5-57(d)(3)
Persons Under 21 Years Old. 1st offense-6
months 2nd or subsequent offense-12
months §40-5-57.1(a), (b)(1) & (d)
|
| Other:
|
A
driver may be required to attend a driver improvement
course.6 §40-5-57(c)(1)(C) |
| Driving
in Circular or Zigzag Course (Laying Drags)(11):
|
Misdemeanor
§40-6-251(a) & (d) |
| Sanction:
|
|
| Criminal:
|
|
| Imprisonment
(Term): |
Not
more than 12 months §17-10-3(a)(1)
|
| Mandatory
Minimum Term of Imprisonment: |
None
|
| Fine
($ Range): |
Not
more than $1,0005 §17-10-3(a)(1)
|
| Mandatory
Minimum Fine: |
None
|
| Administrative
Licensing Actions: |
|
| Type
of Licensing Action (Susp/Rev): |
Suspension
via the Point System7 §40-5-57 |
| Length
of Term of License Withdrawal Action: |
1
to 5 years depending on the number of points
that have been accumulated. §40-5-57(d) |
| Mandatory
Term of License Withdrawal Action: |
2
years upon reaching the requisite point assessment
for the third time within 5 years7 §40-5-57(d)(3)
|
| Other:
|
A
driver may be required to attend a driver improvement
course.6 §40-5-57(c)(1)(C) |
| Commercial
Motor Vehicle (CMV) Operators(12):
|
|
| Grounds
for Disqualification: |
A
person is disqualified from operating a CMV if while driving
such a vehicle they either (1) commit 2 "serious
traffic violations"(13)
within a 3 year period or (2) commit 3 such violations
within a 3 year period. §40-5-151(g) |
| Period
of Disqualification: |
2
serious violations (within 3 years)-Not less than
60 days 3 serious violations (within
3 years)-Not less than 120 days §40-5-151(g)
|
| Period
of Mandatory Disqualification: |
2
serious violations (within 3 years)-60 days
3 serious violations (within 3 years)-120
days §40-5-151(g) |
Notes
1.
Provided speed limit signs, appropriately designating this speed
limit, have been posted on the highway.
2.
This includes the establishment of different highway speed limits
either (1) at different times of the day, (2) for various weather
conditions or (3) for other factors bearing on safe speeds. §40-6-182
Note: The law does not specifically allow State authorities to
establish different speed limits for different types of vehicles.
3.
This only applies if the diver is aware that they are being overtaken
in the left lane by vehicles traveling at a greater rate of speed.
4.
There is an exception. A school bus may be operated on other roads
at a speed >55 MPH provided the vehicle is only transporting
children to and from an event and is not loading or unloading
children during the transportation. §40-6-160(b)
5.
An additional fine equal to 5% of the original fine is imposed
and deposited into the Peace Officer's Annuity and Benefit Fund.
§15-21-131
6.
If a driver attends a driver improvement course after the issuance
of the citation but before they make a court appearance, the court
shall reduce the fine by 20 percent and the licensing agency shall
assess no points against the violator. This procedure is allowed
only once in 5 years. §40-5-57(c)(1)(C)
7.
Point System. I. A person's license is subject
to suspension if they accumulate 15 or more points within a 24
month period. At the end of the suspension period, the point count
is reduced to zero. Upon reaching the requisite point assessment
for the first time, the license suspension is for 1 year. Upon
reaching the requisite point assessment for the second time within
5 years, the license suspension is for 3 years. Upon reaching
the requisite point assessment for the third time within 5 years,
the license suspension is for 5 years; 2 years of this suspension
period are mandatory. §40-5-57(c)(1)(B) & (d) II. The following
points are assessed for speeding and speed related violations:
Reckless driving-4 points; exceeding the speed by >14 MPH but
<19 MPH-2 points; exceeding the speed by >19 MPH but <24
MPH-3 points; exceeding the speed by >24 MPH but <34 MPH-4
points; exceeding the speed by >34 MPH-6 points; other moving
violations-3 points. Important. No points are assessed
for driving too fast for conditions. §40-5-57(c)(1)(A)
8.
I.Hardship License. Except as indicted, a person
may be issued a limited license for the purpose of either (1)
going to and from a place of employment or performing employment
duties, (2) receiving medical care or obtaining medications or
(3) attending either educational institutions, alcohol/drug abuse
support groups or a court ordered driver improvement course. §40-5-64
II. Early License Reinstatement. For a license
suspension based upon reaching the requisite point assessment
for the first time, the license may be reinstated immediately
when the person complete a driver improvement course. For a license
suspension based upon reaching the requisite point assessment
for the second time within 5 years, the license may be immediately
reinstated upon the completion of an "advanced" driver
improvement course. §40-5-84(c) & (d)
9.
Racing on the highways includes "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...." §40-6-186(b)
10.
I. Hardship License. A person may be issued a
limited license for the purpose of either (1) going to and from
a place of employment or performing employment duties, (2) receiving
medical care or obtaining medications or (3) attending either
educational institutions, alcohol/drug abuse support groups or
a court ordered driver improvement course. §40-5-64 II. Early
License Reinstatement. For a license suspension based
upon a first offense, the license may be reinstated after 120
days upon the completing of a driver improvement course. And,
for a license suspension based upon a second offense, the license
may be reinstated after 120 days upon the completion of an "advanced"
driver improvement course. §40-5-84(a) & (b)
11.
This offense is defined as operating a "vehicle upon the
streets, highways ... in such a manner as to create a danger to
persons or property by intentionally and unnecessarily causing
the vehicle to move in a zigzag or circular course or to gyrate
or spin around,...." §40-6-251(a)
12.
A person who has obtained a commercial driver's license (CDL)
and is qualified to operate a commercial motor vehicle. A commercial
motor vehicle is defined as a vehicle designed to carry either
passengers or property and either has a gross vehicle weight of
26,001 lbs., is designed to transport 16 or more persons, or is
transporting hazardous materials which requires that the vehicle
to be placarded in accordance with U.S. Department of Transportation
regulations. §40-5-142(7)
13.
A "serious traffic violation" includes exceeding the
speed limit by 15 or more MPH or reckless driving. §40-5-142(22)
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