When Do I Need a Criminal Defense Attorney in Cobb County?
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Statistically speaking, most people throughout the United States receive at least one speeding ticket in their lifetime, which is why in many cases, we do not think that we need an attorney to represent us after pleading not guilty. However, this notion is untrue, as most traffic violations in Georgia will warrant points on your license, and if you accrue 15 or more points in a 24-month period, you will most likely have your license suspended. If you are currently facing a traffic violation here in Georgia, our Cobb County traffic violation lawyer is here to help. Contact the Miller Law Practice, LLC to schedule your initial consultation today.
Traffic violations can carry very serious penalties, and if your license is suspended as a result of a traffic violation, it can affect various facets of your life, including your ability to commute to and from work, visit friends and family, and more. Our Cobb County traffic violation lawyer will work to prevent that from happening.
Here in Georgia, there are two types of speed limits: the absolute speed limit and the basic speeding law. Essentially, if the absolute speed limit is 40 mph in any given area and you are caught driving even 41 mph, you may receive a speeding ticket. That being said, there are times when you may also receive a speeding ticket for violating Georgia’s basic speeding law. Essentially, the basic speeding law states that you may receive a speeding ticket if you are exceeding speeds that are “reasonable and prudent” given certain circumstances, such as icy roads, even if you are driving under the absolute speed limit.
While most speeding violations are considered misdemeanors in Georgia, you will most likely not face jail time, however, you can face points on your license, high fines, and a potential license suspension. The potential fines for speeding tickets in Georgia are as follows:
You should also note that under Georgia’s “super speeder” law, O.C.G.A. § 40-6-189, you will be assessed an additional $200 fee by the Department of Driver Services if you are convicted of driving 85 mph or more on any road or highway, or 75 mph or more on any two-lane road or highway. This fee is separate from anything the court collects, and failing to pay it within 120 days will result in the suspension of your license.
You should also note that if you are caught driving any more than 15 mph over the speed limit, you will receive anywhere between two and six points on your license, depending on how fast you were traveling at the time you were issued your ticket.
Points are the mechanism that quietly turns a stack of ordinary tickets into a lost license, and the thresholds are not the same for every driver.
The Department of Driver Services assesses two to six points per conviction. A driver who accumulates 15 or more points within any 24-month window has their license suspended automatically. Points fall off individually two years from the date of the violation, not from the date of conviction.
This is the part most families never see coming. A driver under 21 does not get 15 points. A single conviction for any four-point violation — speeding 24 mph or more over the limit, reckless driving, aggressive driving, improper passing of a school bus — suspends the license outright. For a driver under 18, four points accumulated within 12 months does it. One ticket can end a teenager’s driving privileges.
Georgia permits a licensed driver to remove up to seven points by completing a certified defensive driving course, but only once every five years — and only if you act before the suspension issues. Once the notice arrives, the course cannot undo it.
The phrase “reckless driving” is a blanket term that describes a wide array of unsafe driving behavior, though reckless driving is defined under Georgia law as operating a motor vehicle with reckless disregard for property and other people. Some examples of reckless driving include the following:
If you are charged with reckless driving in Georgia, you will face a misdemeanor penalty that may entail a potential $1,000 fine and up to one year in jail. You may also receive points on your license and a license suspension. Our Cobb County traffic violation lawyer can fight these charges in an effort to minimize the impact they will have on your driving privileges and your future.
When someone is caught driving without a license in their possession, though they do have a valid Georgia driver’s license and can show it in court, they will only have to pay a $10 fine. That being said, if you are caught driving while your license is suspended or revoked, you will most likely face far harsher penalties. The penalties for driving with a suspended/revoked license in Georgia are as follows:
Georgia’s distracted driving laws are very clear–all those who operate a motor vehicle while using a telecommunication device (such as a cell phone) without hands-free capabilities (Bluetooth, etc.) will face a distracted driving violation, which is a misdemeanor. The penalties for distracted driving violations in Georgia are as follows:
That being said, if you can prove that you were using your cell phone to report an emergency, such as a traffic accident or a fire, at the time that you were issued your ticket, your charges should be dropped.
Whether you’ve been charged with speeding, reckless driving, distracted driving, or otherwise, you can depend on the Cobb County traffic lawyer here at the Miller Law Practice, LLC to come to your defense. Contact our firm today so we can get started. Our firm also handles DUI charges throughout Cobb County.
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