O.C.G.A. § 40-5-20(a) states that no person shall drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license. Any person who is a resident of Georgia for 30 days must obtain a Georgia’s driver’s license before operating a motor vehicle in this state. Every licensee shall have his license in his immediate possession at all times when operating a motor vehicle, and shall display the license upon the demand of an officer.
The driver with a valid driver’s license may be cited for a multitude of traffic offenses, ranging from speeding, and/or failure to maintain lane, to vehicular homicide. It is unrealistic to try and address all of the possible traffic offenses here. So, we will address the most frequent traffic offenses by age group.
DRIVERS UNDER 18
If you are under the age of 18 your driver’s license will be suspended if you either: (1) accumulate four (4) or more points in any consecutive 12 month period; or (2) are convicted of one of the following offenses:
(1) Hit and run (i.e. leaving the scene of an accident);
(2) Racing on highway or streets (racing means the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicle, to test the physical stamina or endurance of drivers over long-distance driving routes);
(3) Fleeing and attempting to elude an officer (means it is unlawful for any driver of a vehicle to willfully fail or refuse to bring his vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop);
(4) Reckless driving (4 points) is defined as driving a vehicle in a reckless disregard for the safety of persons or property (note: reckless driving can be established by proving that a defendant was driving at an excessive rate of speed given the legal rate of speed);
(5) Purchasing, attempting to purchase or knowingly possessing an alcoholic beverage (i.e. minor in possession of alcohol);
(6) Possession of a controlled substance or marijuana; and/or
(7) DUI (O.C.G.A. 40-6-391(k)(1) states that a person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person’s alcohol concentration is 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control.
The DMV will assess four (4) or more points for the following traffic violations:
(1) Speeding by more than 34 mph over the posted speed limit (6 points)
(2) Speeding between 24-34 mph over the posted speed limit (4 points)
(3) Aggressive driving (6 points) is defined as operating any motor vehicle with the intent to annoy, harass, molest, intimidate, injure or obstruct another person, including without limitation violating overtaking and passing rules, following too closely, improper lane change, impeding traffic flow or reckless driving (note: aggressive driving addresses irrational driving behaviors directed at another – i.e. road rage – and is a specific intent crime with a targeted victim).
(4) Reckless driving (4 points) is defined as driving a vehicle in a reckless disregard for the safety of persons or property (note: reckless driving can be established by proving that a defendant was driving at an excessive rate of speed given the legal rate of speed).
(5) Unlawful passing of school bus (6 points)
(6) Improper passing on a Hill or Curve (4 points)
(7) All other moving violations (except speeding) (3 points)
It is super-important to note that if you are given two traffic citations during the same incident, the points for each citation may accumulate and work to suspend your driver’s license. For example, if you are cited for disobeying a traffic control device (i.e. running a red light) (3 points) and exceeding the speed limit by more than 14 mph, but less than 19 mph (2 points) and you elect to enter a nolo plea in traffic court, your license will be suspended because you have accumulated 5 points within a 12 month period.
We have helped dozens of teenagers save their driver’s license. If you have been cited for an offense that may result in the suspension of your license, and you would like to speak with a qualified traffic attorney, call us at Lawrence Lewis, P.C. today at (678) 407-9300.
DRIVERS UNDER 21
If you are under the age of 21 your driver’s license will be suspended if you are either (1) convicted of a single driving offense for which four (4) or more points are assessable; or (2) convicted of one of the following offenses:
(1) Hit and run (i.e. leaving the scene of an accident);
(2) Racing on highway or streets (racing means the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicle, to test the physical stamina or endurance of drivers over long-distance driving routes);
(3) Fleeing and attempting to elude an officer (means it is unlawful for any driver of a vehicle to willfully fail or refuse to bring his vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop);
(4) Reckless driving (4 points) is defined as driving a vehicle in a reckless disregard for the safety of persons or property (note: reckless driving can be established by proving that a defendant was driving at an excessive rate of speed given the legal rate of speed);
(5) Purchasing, attempting to purchase or knowingly possessing an alcoholic beverage (i.e. minor in possession of alcohol);
(6) Possession of a controlled substance or marijuana; or
(7) DUI (O.C.G.A. 40-6-391(k)(1) states that a person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person’s alcohol concentration is 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control.
The DMV will assess four (4) or more points for the following traffic violations:
(8) Speeding by more than 34 mph over the posted speed limit (6 points)
(9) Speeding between 24-34 mph over the posted speed limit (4 points)
(10) Aggressive driving (6 points) is defined as operating any motor vehicle with the intent to annoy, harass, molest, intimidate, injure or obstruct another person, including without limitation violating overtaking and passing rules, following too closely, improper lane change, impeding traffic flow or reckless driving (note: aggressive driving addresses irrational driving behaviors directed at another – i.e. road rage – and is a specific intent crime with a targeted victim).
(11) Reckless driving (4 points) is defined as driving a vehicle in a reckless disregard for the safety of persons or property (note: reckless driving can be established by proving that a defendant was driving at an excessive rate of speed given the legal rate of speed).
(12) Unlawful passing of school bus (6 points); and
(13) Improper passing on a Hill or Curve (4 points)
It is important to note:
: A nolo plea shall be considered a conviction for purposes of assessing points and suspending your license to drive.
: The first suspension shall be for 6 months, which means after 6 months the driver is eligible for reinstatement, if he completes a driving program and pays the reinstatement fee.
We have helped dozens of young people save their driver’s license. If you have been cited for an offense that may result in the suspension of your license, and you would like to speak with a qualified traffic attorney, call us at Lawrence Lewis, P.C. today at (678) 407-9300.
DRIVERS OVER 21
The Department of Public Safety is authorized to suspend the license of a driver, without a preliminary hearing, when his driving record identifies him as a habitually dangerous or negligent driver or as a habitual or frequent violator, such fact being established by the point system. If you are over the age of 21 your driver’s license will be suspended if you either: (1) accumulate fifteen (15) points or more in any consecutive 24 month period, as measured from the dates of arrests for which convictions were obtained; or (2) convicted of one of the following offenses:
(1) DUI (O.C.G.A. 40-6-391(k)(1) states that a person over the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control;
(2) Homicide by Vehicle (occurs under O.C.G.A. 40-6-393 when a driver, who without malice aforethought (a) causes the death of another person through the violation of overtaking a school bus, reckless driving, DUI, fleeing or attempting to elude; or (b) causes an accident which causes the death of another person and leaves the scene of the accident in violation of the hit and run statute; or (c) after being declared a habitual violator and while such person’s license is in revocation, causes the death of another person by operation of a vehicle);
(3) Any felony in the commission of which a motor vehicle is used;
(4) Hit and run (i.e. leaving the scene of an accident);
(5) Racing on highway or streets (racing means the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicle, to test the physical stamina or endurance of drivers over long-distance driving routes);
(6) Fleeing and attempting to elude an officer (means it is unlawful for any driver of a vehicle to willfully fail or refuse to bring his vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop);
(7) Possession of a controlled substance or marijuana; or
(8) Operating a motor vehicle with a revoked, cancelled or suspended registration.
It is important to note:
: A nolo plea shall be considered a conviction for purposes of assessing points and suspending your license to drive.
: The first suspension for points shall be for 12 months, but driver may apply for early return of license upon completion of driving program and payment of reinstatement fee.
We have helped dozens of Georgia drivers preserve their driving privileges as Traffic Ticket Attorney. If you have been cited for an offense that may result in the suspension of your license, and you would like to speak with a qualified traffic attorney, call us at Lawrence Lewis, P.C. today at (678) 407-9300.
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