Traffic and Misdemeanor Offenses that Require Fingerprinting under Georgia Law
There are times when law enforcement will issue citations for criminal misdemeanor offenses including Theft by Shoplifting (16-8-14) and Possession of Less than One Ounce of Marijuana (16-13-2(b)) but not arrest you and take you into custody at the time the citation is issued. Both of these offenses as well as all other non-traffic criminal misdemeanor offenses are required fingerprintable offenses under Georgia law. A required fingerprintable offense means that the law enforcement agency, court, or sheriff’s office should take your fingerprints, book you into the jail system, and create a criminal history arrest record at some time before your case is resolved, even if your case is ultimately resolved with a dismissal, not guilty verdict, or first offender plea.
Where confusion often lies is that every jurisdiction is different in the way they handle required fingerprinting under the law. Some jurisdictions do not take fingerprints at any time after the citation is issued. Others will just take your fingerprints one day in court or tell you to go to the Sheriff’s office for quick fingerprinting but not book you into jail. And finally some jurisdictions will go through the full arrest process by formally booking you into the jail and releasing you after completion. Every jurisdiction is different and it is impossible to determine what may be required at a later date until you appear in court and are instructed by the court staff on what needs to be done. If you were not fingerprinted for one of these charges, expect that you will be at a later date.
Common Georgia Traffic Offenses that Require Fingerprints
Some Georgia traffic violations also require fingerprinting due to the serious nature of the charges. If you have been cited with any of the following offenses, you should expect to be fingerprinted at some time prior to the resolution of your case.
Driving While License Suspended (O.C.G.A. 40-5-121)
Driving Without a License (O.C.G.A. 40-5-20)
Driving with a Suspended Registration (O.C.G.A. 40-6-15)
Driving under the Influence (DUI) (O.C.G.A. 40-6-391)
Violating an Ignition Interlock Device Limited Permit (O.C.G.A. 40-5-64.1)
Leaving the Scene of an Accident with Damage/Injury (Hit and Run) (O.C.G.A. 40-6-270)
Fleeing or Attempting to Elude an Officer (O.C.G.A. 40-6-395)
Aggressive Driving (O.C.G.A. 40-6-397)
Serious Injury by Vehicle (O.C.G.A. 40-6-394)
Homicide by Vehicle (Vehicular Homicide) (O.C.G.A. 40-6-396)
While it is unlikely a lawyer can help you avoid the fingerprinting process, an experienced Georgia criminal lawyer can help you resolve your case in the correct manner to protect your criminal history record to ensure the charge has as small an impact on your future as possible. Whether you retain a lawyer or not to help you, I recommend running a copy of your criminal history 30 days after you were fingerprinted and also 30 ays after your case was closed. It is important to know what is on your criminal history record. If you have questions regarding fingerprintable charges under Georgia law, please call or text me today at 678-753-6431.
