By: Larry Kohn, Atlanta DUI Lawyer and Traffic Attorney
Classification as super speeder; fees; funding for trauma care system
OCGA 40-6-189 (2010)
40 6 189. Classification as super speeder; fees; funding for trauma care system.
(a) As used in this Code section, the term “department” means the Department of Driver Services.
(b) In addition to any other fines or penalties imposed by any local jurisdiction or the department, the department shall administer and collect a fee of $200.00 from any driver who is convicted of driving at a speed of 85 miles per hour or more on any road or highway or 75 miles per hour or more on any two-lane road or highway, as defined in Code Section 40-6-187. Such a driver, upon conviction, shall be classified as a “super speeder.”
(c) The department shall notify offenders of the imposition of a fee under this Code section within 30 days after receipt of a qualifying ticket and notice of conviction. Failure to pay the fee imposed by this Code section within 90 days after receipt of the notice shall result in the suspension of the driver’s license or driving privileges of the offender, and, in addition to the existing fees and penalties, a fee of $50.00 shall be assessed, payable upon the application for reinstatement of the driver’s license or driving privileges. Notice shall be provided by the department to the offender by first-class mail to the address shown on the records of the department. Such mailed notice shall be adequate notification of the fee imposed by this Code section and of the offender’s ability to avoid a driver’s license suspension by paying the fee prior to the effective date of the suspension. No other notice shall be required to make the driver’s license suspension effective.
(d) The department shall be authorized to promulgate rules and regulations to implement the provisions of this Code section.
(e) All fees collected under the provisions of this Code section shall be deposited in the general fund of this state with the intent that these moneys be used to fund a trauma care system in Georgia and the direct and indirect costs associated with the administration of this Code section. The Office of the State Treasurer shall separately account for all of the moneys received under the provisions of this Code section.
The effective date for HB 160 (Act 135, §11) was January 1, 2010.
See the initial news story posted by GOHS to laud the supposed rural hospital benefits.
The optimal time to get legal help is immediately after receiving the traffic ticket. Trying to self-represent is where most people go wrong, and then call a traffic law specialist to try to “undo” the mess they made. Because the criminal case always happens first, settling that without legal advice is usually a mistake.
By controlling the criminal law case for speeding, the super speeder Georgia penalty may be completely avoided. Since the legal advice is free, why botch the case, and then pay even more to undo that mess?
The Georgia Department of Driver Safety (Georgia DDS) mails out a super speeder notification requesting the driver to pay another $200 or lose driving privileges. It is not sent by certified mail, or with a tracking method, to prove delivery. So, make sure that any address given to the police, after you get a high-speed ticket, is your correct address.
Since the Pandemic began, a surge in high-speed tickets has occurred. Many traffic court judges in GA are not amused by this dangerous driving. Some are requiring jail time for any triple-digit speeders (i.e., 100 mph or higher).
Some callers for help from our law office have asked if a Georgia traffic citation (e.g., speeding ticket) out of state will result in our State trying to collect against them. So far, no effort to do that has come from the Georgia Legislature.
However, a bench warrant for your arrest from the out-of-state traffic court could be issued in that other state, in some situations. Through federal crime tracking records, which are nationally visible to other police departments, such an outstanding warrant could cause you to be taken to jail to learn why such a notice was posted in another state.
Call today for a free lawyer consultation. Do it ASAP after being ticketed, and do not wait until just before your scheduled court date. 404-567-5515.