Call or Text for a Free Consultation 678-753-6431Metro Atlanta Speeding Ticket Lawyer
Speeding, like all traffic violations is a misdemeanor offense under Georgia law. However, just because it is a misdemeanor offense, does not mean it will be on your criminal history for the rest of your life. It would only potentially be on your criminal history if you were arrested for the speeding violation.
There are two ways that you can be charged with speeding in Georgia. First, you can be charged with traveling too fast for conditions, also known in Georgia as a basic rules violation in relation to speed. The second way you can be charged is by traveling faster than the maximum speed limit. To be charged with speeding in excess of the maximum limit there must be a specific speed stated on the citation.
What is Too Fast for Conditions?
Too fast for conditions, also known as a basic rules violation in relation to speed is defined in 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.”
A conviction for too fast for conditions is not reported on your Georgia driving history. It carries zero points, and should not be reported to your insurance provided.
Speeding in Excess of Maximum Limits
The Official Code of Georgia Annotated section 40-6-181 sets out maximum speeds for different types of roads throughout the metro Atlanta area and the state of Georgia. Those maximum speed limits are:
Thirty (30) miles per hour in any urban or residential district;
Thirty-five (35) miles per hour on an unpaved county road unless designated otherwise by appropriate signs;
Seventy (70) miles per hour on a highway on the federal interstate system and on physically divided highways with full control of access which are outside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs;
Seventy (70) miles per hour on a highway on the federal interstate system which is inside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs;
Sixty-five (65) miles per hour on those sections of physically divided highways without full access control on the state highway system, provided that such speed limit is designated by appropriate signs; and
Fifty-five (55) miles per hour in other locations.
Speed limit signs are the white speed limit signs you see on Atlanta roads. The yellow speed limit signs are just recommended speeds, and they usually are placed in areas that may have a safety issue like a very sharp turn. The white speed limit signs are the maximum speeds in any given area. If no speed limit sign is posted, the rules for speed are as follows above.
How Can You Be Caught Speeding Inside and Outside the Perimeter?
Speed Detection Devices
There are a few ways that officers can say they witnessed you violating the speed limit. First, they can say they were monitoring your speed with a radar or laser detection device. These devices are supposed to be calibrated by a authorized technician annually and checked for accuracy at the beginning and end of each shift.
Pacing
Officers can follow you at a similar speed, effectively pacing the speed of your vehicle and noting the maximum speed.
Visual Estimation
Finally, officers can also use their training and experience to estimate the speed your are driving visually, from either a stopped position or while driving. Many officers will claim to be very accurate at visual estimation after years of training and experience, but it is the least reliable of the three methods.
What are the Punishments for Violations of Speeding in Excess of Maximum Limits?
An Atlanta speeding ticket conviction can impact you in the following ways: 1) Points on your Georgia drivers license; 2) Reported on your driving history; 3) Fines, classes and other requirements ordered by the court, and 4) Increase your insurance premiums. You may be impacted by none of these based on your speed, or you may be impacted by all four of them.
Too Fast for Conditions Convictions
As we have previously discussed a too fast for conditions conviction will not carry any points and should not be reported on your driving history. Since insurance companies get their information from your driving and criminal histories, they should not see this conviction either, and it should not impact your insurance rate. There will likely be a fine for a too fast for conditions or basic rules violation in relation to speed. That fine can be up to $1,000 plus additional costs and surcharges, but is usually in the $1-200 range for most too fast for conditions convictions.
Speeding in Excess of Maximum Limits Convictions
Points
Depending on the speed in which you are convicted, there are different levels of points that can be assessed against your Georgia Drivers license.
0-14mph = 0 points
15-18mph = 2 points
19-23mph = 3 points
24-33mph = 4 points
33+mph = 6 points
These points will be posted to your drivers license if you are found guilty or plead guilty to a specific speed. Once every five years you are eligible to use a “nolo contendere” or no contest plea to a moving violation. If you have not used a no contest plea in the last five years, you can use that plea to avoid the points. All other consequences such as reporting on your driving history, fines, classes, etc, and insurance rates will still apply. In order to plead no contest, you cannot pay your ticket in advance. Paying your ticket in advance is the same as entering a guilty plea for the purposes of points. The State of Georgia can only assess points to a Georgia drivers license. If you have an out of state license, the conviction may be reported to your home state, and they may assess points.
Reporting to Your Driving History
Both pleas of guilty and no contest are reported on your Georgia driving history. However, the Georgia Department of Driver Services Traffic Court Reference Manual states to only report speeding convictions of Class C (regular) license holders if they are convicted of 15mph over the speed limit or more.
Fines, Classes, and Other Requirements
Georgia law sets maximum fines for first offense speeding violations based on the speed which you were convicted. These fine amounts are only for a first offense. Further speeding violations can be punished by up to a $1,000 fine plus all applicable costs, fees, and surcharges. The fine table for a first offense is as follows:
0-5mph - No fine
6-10mph - Maximum fine of $25
11-14mph - Maximum fine of $100
15-18mph - Maximum fine of $125
19-23mph - Maximum fine of $150
24-33mph - Maximum fine of $500
Also, if you are convicted of traveling over 75mph on a 2-lane highway or over 85mph on a larger road you will also be assessed a $200 Georgia super speeder violation by the Georgia Department of Driver Services and the State of Georgia.
In addition to fines, you may also be asked to take a Defensive Driving, Driver Improvement, Risk Reduction or other class depending on your speeding conviction. Younger drivers may be asked to take an Alive at 25 course or a Traffic Violators Impact Program (TVIP) class. Some municipalities such as Atlanta, Johns Creek, Roswell, and Sandy Springs have special classes for younger drivers to help prevent further violations.
Since speeding is a misdemeanor violation under Georgia law, you can be placed on probation or even in jail for up to 12 months. This happens very rarely except in the need to go on probation to pay your fines or take classes, but weekends in jail are known to be sentenced when speeds begin to eclipse 100mph.
Reporting to Insurance
There are two ways things will generally get reported on your insurance. You can self-report new citations and violations, or they can be found by running your Georgia driving history. If your speeding conviction is not self-reported or not reported to your Georgia driving history an insurance company should not find out about it unless it was part of an insurance claim after a car accident.
Speeding and Drivers Under 21
Georgia law sets restrictions on the number of points you can accumulate on your Georgia drivers license at different ages. From 16 until you turn 18, your Georgia drivers license will be suspended if you accumulate a total of 4 points on your drivers license. From 18 until you turn 21, you have the same 15 points as adults, but your license will be suspended if you are convicted of a 4 point violation. That means any speeding conviction 24mph or over will suspend your Georgia drivers license. Drivers under 21 years of age cannot plead Nolo Contendere and therefore cannot avoid points in that way. A Judge can issue a zero point order, but it will still be reported on your driving history as a speeding violation at the convicted speed.
Police officers are monitoring the roads of metro Atlanta for speeders every day. The Georgia State Patrol will be on Interstates 20, 75, 85, and Georgia 400. Sandy Springs, Dunwoody, Smyrna, Atlanta, Gwinnett, DeKalb, Cobb, Brookhaven, and Doraville Police are also out on Georgia’s roads and highways looking for speeders. If you have been stopped for speeding in Metro Atlanta and want advice or help, call today 678-753-6431 and we will talk about your citation, potential defenses, and what I can do to help.