By Atlanta DUI Lawyer Bubba Head
The Georgia Super Speeder law was enacted at the urging of former Governor Sonny Perdue, in 2010. The General Assembly, which was controlled in both houses by a supermajority of Republicans, easily passed the Bill, as a means of collecting extra taxes from speeding ticket scofflaws who flaunt posted Georgia speeding ticket laws.
The super speeder provisions apply to ALL “super speeders” traveling at excessive speeds on Georgia roadways, as defined under the statute. The perceived unfairness of this new tax grab law has led to many citizens now hiring a traffic ticket lawyer to represent them, in an effort to lower the speeding ticket in Georgia, or minimize the impact on their lives and businesses.
Both motorists with an out of state drivers license, and in-state motorists with a Georgia drivers license are treated the same by the new super speeder Georgia law, for a high-speed Georgia speeding ticket. Many never consider the benefit of having a local traffic ticket attorney handle their problem. Many times, this oversight leads to non-payment of a speeding ticket in Georgia, or payment the extra “tax” penalty under the GA super speeder law, and either causes that driver (once the misdemeanor traffic ticket is entered on the GA DDS computer) to be suspended in Georgia.
This status creates problems for both Georgia licensed drivers and those super speeders licensed in other states. Perhaps in 2011 the super speeder from another state traveled through Georgia and got pulled over for a speeding ticket in Georgia. That person simply ignored the letter requiring another $200 to be paid, thinking that it was a scam or that the law was outrageous. Then, the same driver later gets stopped by police when passing back through the State. Guess what happens next?
Many people wonder, “Can you get arrested for speeding?” This super speeder driver who does not pay up, regardless of why he or she was pulled over the second time, is going to jail, for non-payment of that super speeder ticket. This is because he or she is showing as “suspended license” on the GA DDS records, even though this driver holds a driver’s license in another state. This status on the Georgia Department of Driver Safety computer authorizes the police officer to cuff and arrest that person.
The Georgia Super Speeder Law was supposed to fill the State coffers with lots of cash. However, many non-resident drivers who get popped with a notice of the GA super speeder penalty simply ignore the written notice from Georgia DDS that is sent to them after they have settled their Georgia speeding ticket in criminal court. A news article in 2015 showed that about half of the original projection of raising $23 million annually was being collected from these speeding tickets in GA.
A Georgia speeding ticket can cost over $1000 (fine plus surcharges) in some courts around Georgia, before the GA Super Speeder law assessment is added. Several municipal courts along I-95 in the coastal Georgia area are notorious for these draconian Georgia speeding ticket fines.
Regardless of the speeding ticket cost, the super speeder GA law (as codified in OCGA §40-6-189), calls for a “tax” to be collected AFTER the conviction is recorded and that conviction is sent to the Georgia Dept of Driver Safety (the GA DMV).
What Constitutes a Georgia Super Speeder Law Violation?
The GA super speeder law adds $200 onto a speeding ticket for anyone caught speeding and driving on a Georgia road at an excessive speed. Two situations are contemplated for triggering the GA super speeder tax:
The $200 will be added on (at the state level, by the Georgia DDS) to the fines imposed by any Georgia criminal court, upon the Georgia super speeder. Once the super speeder ticket is reported by the sentencing court to the Georgia DDS, the law mandates that Georgia DDS — within 30 days — mail out (by a first-class letter) the notice of the super speeder ticket in Georgia.
A driver is only notified by U S Post office delivery of a 1st class letter from DDS Georgia. Each super speeder receives a letter from the GA DDS advising that they now owe $200, payable within 90 days of receipt of the letter. Other provisions of Georgia law state that “receipt is presumed” since the letter was sent to the address shown on your GA speeding ticket.
If you do not pay the super speeder fine in that period of time, the Georgia driver’s license (or privilege to drive in Georgia, for out-of-state licensees) is suspended. This creates major driving and inconvenience issues for many people, and requires a $50 additional penalty to clear up this suspended license situation.
Hire a Traffic Ticket Lawyer to Avoid a Super Speeder GA Ticket
Although speeding tickets are infractions in some states, every speeding ticket in Georgia is a speeding ticket misdemeanor. So, criminal defense attorneys who regularly appear in Georgia traffic courts for serious driving offenses like DUI and hit and run, often are also a traffic ticket attorney.
Our Atlanta criminal defense attorney law firm, with three Super Lawyer partners, handles traffic tickets for those motorists who have too much to lose to risk a suspended license, by pleading guilty to a super speeder ticket in Georgia. Call us today at 404-567-5515 for a FREE case assessment, and let us explain how our Georgia criminal attorneys (and a network of other criminal defense lawyers in 20 other cities) can assist you with a super speeder GA case.