Speeding tickets in Georgia

Up to the officer.

I had a friend get 2 35 over
95 in 60 weekend jail after 6months of waiting in va
80 in 45 nothing but pay lawyer in nc

Got seen speeding in ga but no ticket cause they couldnt prove the info

 

I don’t know where in ga this is but I know several that’s got caught 15 over and they didn’t go to jail. They wrote them tickets and they were on their way. I’ve had some years ago and a ticket was all I got.

 

There is no law that says at 15 mph over in Georgia you go to jail. I’ve had way too many friends stopped for more than that, who drove away with a ticket. The Super Speeder law slaps a substantial additional fee on speeds over 75 mph on a two-lane road, or 85 mph on any road.

At 15 mph over, it is considered a serious violation under the CDL rules and gets a 60 day suspension of your CDL.

You were at 13 mph. You will be fine.

Here’s a link to the FMCSA page: Safety Planner Content

 

The 60 day is after the 2nd conviction ONLY. Re table 2 in 383.51.

I would also note I saw that comment about jail. Years ago way back when small towns operated speed traps an out of state driver once stopped had to settle the charge to be released, locals surrendered their license as bail, the officer turned the license into the county and you got it back when you paid the fine, in fact, there used to be an old joke you could tell how many tickets a person got by counting the staple holes in the license. Modern-day Georgia unless there was something else like a DUI the officer writes the ticket, you sign it and leave.

 

Georgia quit requiring the license to be surrendered in lieu of bail quite a long time ago, sometime in the 90’s. Now the license is displayed in lieu of bail. In other words, just showed to the officer.

I had an officer once hold his flashlight behind my Georgia license. It looked like stars with so many holes.

 

Way back just after Jimmy Carter was president Georgia started allowing people if they desired to keep their old License with his signature. I first got my License in 1974 and his signature was on it. My license technically expired while I was in California in the Air Force, however, I did get home to renew it. I was asked by the examiner if I wanted to keep my old card. I laughed and told the guy no thanks "too many staple holes in it" Funny I had forgotten that day till just now.

 

I can't link this because it comes from behind a paywall. However, I will print the text of Georgia Code


§ 40-6-390. Reckless driving
(a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.
(b) Every person convicted of reckless driving shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both such fine and imprisonment, provided that no provision of this Code section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation.

I lived in Georgia until 2013. I have spoken to many Officers both State and Local. I have had that part of (a) I underlined pointed out to me many times. Some officers are issued or make "cheat sheets" to use when they cite as to make sure they are making a legal legit ticket. Notice how that chapter does not say exactly what constitutes "reckless disregard" that my friends is left up to the officer's discretion when they charge, and the courts when it arrives there. My point? Well, that comment in post #7 is not wrong in every situation. Go faster than 15 MPH over, act the fool fail to maintain lane, endanger the public, then smart off to the officer AND you can be charged with this crime! It is considered a serious offense. Once charged you might very well have to make bail to be released.

 

As I alluded to in my last post. The difference between a high MPH over and a reckless citation can be many factors. You can be going 5 MPH over, leave your lane hit somebody or something on a 2 lane road and get charged with reckless. I know of a guy that was caught a few years before I left Georgia drag racing, his car hit another and 2 teenage girls were killed. I know the Trooper that had the lead in the investigation. He told me later that he sit in the ER waiting room at the Athens Georgia Hospital for almost 2 hours waiting on the ER Physicians to call the deaths. When the guy (also the other guy was charged with laying drags only) hit the court this guy was charged with 2 counts of violating Georgia 40-6-393 (vehicular homicide), one count of 40-6-390 (reckless driving) and one count of 40-6-251 (drag racing). The case was bumped up to the Superior Court level and that Judge sentenced the guy to 8 years on each count of 40-6-393 and ran them wild! (they ran consecutive to each other) and because of the way the Trooper charged he dropped the other two. A State sentencing board later changed the sentence to several years and the guy was released. A word to the wise about Georgia. I also have a feeling this also applies to other states as well. Drive like a fool hurt somebody (especially holding a CDL) get caught and you risk losing that dang thing, and maybe even prison, a criminal record to boot! A lawyer and prepaid legal plan is not in most circumstances going to save it either.

Just a note, I am not an attorney and I do not have the Georgia Code memorized. I do have a working knowledge of Part 40 and remembered the charges, I had to look up the code numbers.