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Exceeding the Speed Limit: Georgia Super Speeder Law

Attorney William Head

By: William Head, Atlanta Criminal Defense Attorney for Speeding Tickets and Super Speeder GA Cases

Some non-lawyers think that pleading no contest to a speeding ticket is a universal solution, but that is not necessarily true. Sometimes a nolo contendere plea is not possible, as is described below.

Speed limits in many smaller cities and counties in GA are aggressively enforced. Plus, the state of Georgia has had a long-standing reputation for having speed traps in certain parts of the State, especially in South Georgia.

In 2010, our state added the super speeder GA statute, to permit GA DDS to collect extra money for the State of Georgia, when lead-footed drivers flaunt posted speed limits. For nearly a decade, no appeals have challenged the constitutionality of DDS GA being able to make you pay more for a criminal case you already resolved in court.

GA Super Speeder Law

For Georgia speeding ticket charges, when our law office phone rings the three most common questions from those facing will be:

1. How much is a speeding ticket in Georgia? or

2. how much is a super speeder ticket in Georgia? or

3. How many points is a speeding ticket in GA?

Very high GA speeding fines (e.g., $1000) have been assessed when high speed is involved, in some courts. Adding mandatory state surcharges pushes this amount even higher by about 30% to 40%. That financial pain is only the beginning, when your car insurance company gets wind of the conviction.

GA Speed Limit Odometer

This article discusses the option of a person going to court for a speeding ticket. Plus, our law group tells you the likely Georgia speeding ticket cost. Finally, our traffic lawyers explain when Georgia speeding ticket points can suspend your driving privileges.

Going to Court for Speeding Ticket: What to expect?

All Georgia speeding laws constitute a misdemeanor offense. The issuance of a ticket always entails a court date, to afford the driver due process of law, if he or she wishes to fight the case.

The police officer’s issuance of that citation means that you are formally charged with a crime. Every criminal accusation entitles a defendant to trial by JUDGE or trial by JURY. Traffic misdemeanors in Georgia carry up to 12 months in jail or $1000 fine or both, for a driver convicted of speeding.

Skipping your court date will result in a license suspension compliments of the Georgia Department of Driver Services. Plus, the judge at your court can issue a bench warrant, which lets all law enforcement officers know to arrest you if they encounter you.

Well over 95% of cases get resolved by paying Georgia speeding ticket fines. But, some high-speed drivers on our state’s excellent interstate roadways who are exceeding the Peach State’s maximum speed limits of 70 mph by traveling at 85 mph or higher also learn about the Georgia super speeder law. Such cases trigger two separate legal matters: one in court, and one that is handled by the United States mail service.

Plus, with more than 2000 different judges in Georgia possibly deciding your case, you may run into a hanging judge, and not an Andy of Mayberry character. In high speed pullovers, some officers add reckless driving to the list of tickets and may arrest the driver.

Jail Cell

Will I go to jail? Once in court, these defendants will find that they are going to be sacked with other conditions, like attending driving school or even serving jail time, when facts are outrageous. Many judges consider driving at speeds in excess of 100 mph to be so inexcusable that they utilize jail time to deter such behavior.

Will I lose the right to drive? Some drivers decide to self-represent until they go online and learn that they can lose driving privileges in Georgia or be suspended due to the number of points that would be added to their driving history. Any driver under age 21 needs legal representation. Plus, those facing a points suspension (if the 6-point ticket is reported to DDS Georgia) also need legal help.

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Since speeding tickets are criminal law offenses, our constitution guarantees that defendant can request and will receive jury trial. Otherwise, 98% of the courts that originally docket your case provide a trial by judge only. Would you KNOW whether to ask for a jury, without the guidance of an experienced Georgia attorney?

Georgia Super Speeder Statute: How Much Is the EXTRA Fine?

OCGA 40-6-189 defines a super speeder ticket GA. One of the major areas of confusion for drivers facing the GA super speeder law is that the hefty fine you paid in a Georgia traffic court is not credited toward the super speeder “surcharge” that will be tacked on AFTER the traffic court case is closed out.

100 Bills

The GA super speeder fee is extra and is, plainly, a tax. Using legal counsel to “dodge” this extra cost by negotiating with the court prosecutor for a lower “reported” speed is just one of hundreds of possible methods of a traffic attorney mitigating the damage of a high-speed ticket in GA.

Plus, where integrated car insurance premiums can be boosted (like South Carolina), a favorable disposition to a speeding ticket can save thousands in auto insurance premiums. Under no circumstances should a driver licensed in ANY state miss a court date, which will result in the suspension of your driver’s license.

Once closed out, a speeding case fine is paid in the court jurisdiction where the speeding took place (e.g., speeding at 75 mph in a 45-mph zone on a two-lane road). Once the Department of Driver Services in Georgia gets the electronic record of your speeding conviction, the super speeding notification to pay the super speeder fee is generated and will be mailed out by regular U.S. Mail.

GA DDS

Between that time and the 120-day deadline, the super speeder must pay the $200 extra Georgia super speeder fine to Georgia DDS, or face license suspension. Failure to pay on time causes the offender’s suspension and triggers a $50 reinstatement fee since Georgia DDS suspends your right to drive.

15 Commonly Asked Questions About GA Speeding Laws by Our Clients

What is a “no contest” speeding ticket? If a person has not used a nolo contendere plea in the past 5 years, he or she MAY choose that option to eliminate the assessment of demerit points against their Georgia DDS history.

Dilemma: Should I pay Georgia speeding tickets, or fight? The answer to this question is person specific. In general, the higher the security clearance and income level, the greater damage any misdemeanors may do, in actual dollar damages.

Lawyer Cory Yager

What’s different for a Georgia speeding ticket out of state licensee? Home state laws (e.g., SC, Florida) are often a potential minefield of problems as compared to what a Georgia licensee must deal with.

How many points is a speeding ticket in GA? This is a sliding scale, plus another Georgia law restrict courts from collecting very much when you are only slightly over the legal limit.

How much does a speeding ticket cost in Georgia? By winning, the cost is zero. Another special statute “caps” the maximum fine (on a first offense speeding citation) a court can charge. That statute, shown below, can be accessed via the link provided. OCGA 40-6-1. Observance of chapter required; punishment for violations generally; maximum fines for certain offenses

Do all Georgia lawyers know how to fight a super speeder ticket? No. Fewer than 4% of all attorneys in Georgia handle traffic violations.

Police Radar Gun

What is the OCGA speeding statute? O.C.G.A. 40-6-181.

How do I pay speeding ticket online GA? Look on your ticket for that method and email connection or website portal address.

What is the Georgia super speeder fine? $200.

What is the difference between guilty vs no contest speeding ticket resolutions? A nolo contendere plea MAY keep points off your DDS GA demerit points.

How long is a speedy trial? First, you can’t use the statutory speedy trial law in GA in an inferior court like municipal court or recorder’s court. Only jury trial courts offer a statutory right to be tried within two terms of court, but all courts have a duty to meet constitutional fairness in not delaying justice too long.

How many miles over is a super speeder? State law calls for different rules on different types of roads.

What to say in traffic court for speeding ticket? First, don’t just walk in and plead guilty. Not guilty, or I exercise my right to a speedy trial by jury, or may I have a continuance to obtain a traffic lawyer to help me.

GA Drivers License Points

For a driver age 21 and over, how many Georgia speeding points causes a license suspension in GA? 15 points or more within the last 24 months.

What do I wear to court? First, on most speeding and traffic cases, you don’t have to appear, and our lawyers will use a power of attorney to act on your behalf. If you do come to court, dress nicely. Absolutely no t-shirts or causal wear at all, including no sports shoes or causal footwear. Shirts with collars, blouses or outfits suitable for an important event, like a wedding or funeral.

Experienced Traffic Attorneys Near Me for Georgia Traffic Violations

Cory Yager, Bubba Head, Larry Kohn

Our traffic ticket lawyers, William C. Head, Larry Kohn, and Cory Yager, have a statewide network of expert traffic ticket lawyers and our law office can refer you to a traffic law specialist even if your case is outside the metro Atlanta area. Call our 24-hour Georgia lawyers for a FREE lawyer consultation near me. 404-567-5515.

Attorney Larry Kohn

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MAIN LAW OFFICE IN SANDY
SPRINGS, GEORGIA:
5590 Roswell Road
Suite 210
Sandy Springs, GA 30342
(404) 567-5515
DOWNTOWN ATLANTA GA
LOCATION:
235 Peachtree Street NE
Suite 400
Atlanta, GA 30303
(404) 567-5515
MARIETTA, GA LOCATION
in Cobb County, GA:
109 Anderson Street
Suite 103
Marietta, GA 30060
(770) 629-8620
ALPHARETTA-ROSWELL-MILTON
LOCATION
in North Fulton County, GA:
1001 Cambridge Square
Suite B
Alpharetta, GA 30009
(770) 629-9614