High-speed Speeding Tickets and Reckless Driving:
Things begin to become tricky for drivers cited with speeding ticket in Georgia that enter the super speeder range (over 85mph) and especially with speeds approaching or exceeding 100mph.
Georgia’s Super Speeder law will access drivers convicted of speeds over 85mph with an additional $200 fine above and beyond the court fines. This must be paid or the driver’s license will be suspended – even out-of-state drivers.
The Super Speeder law is the least of a driver’s concern when cited for a high speed in many jurisdictions. Since the beginning of the pandemic, the number of drivers has decreased overall, but the number of fatal car accidents has increased. A large part of this is due to the high rate of speed many drivers have become comfortable driving during the pandemic.
In response, Georgia traffic courts have become to take a harsh approach in sentencing regarding high-speed tickets (90mph and above). This includes suspensions of licenses and jail sentences in some traffic courts. In almost every case involving a high-speed Georgia speeding ticket, it is prudent to consult a speeding ticket attorney.
Another common charge added to these speeding tickets is a charge of Reckless Driving. This is an additional 4-point traffic violation that can add additional fines and consequences for drivers. But this charge also requires additional elements be present in your case – for example, you were speeding AND weaving in and out of traffic. In most cases, the state cannot prove the reckless charge and we can negotiate a merger of the two charges.
Georgia Speeding Tickets and Under-21 Drivers:
Under-21-year-old drivers in Georgia face stricter consequences when convicted of a Georgia speeding ticket. This can lead to a suspension of their driver’s license. For instance, any 4-point traffic violation will suspend their license. So, a 24mph over the speed limit case (that is 4-points) will suspend their license if the under-21 driver is convicted at this speed.
To avoid these consequences, we have often been able to negotiate sentences that avoid the license suspension by having the young driver attend driving courses, do community service, write essays, and other driver education activities. In exchange, the traffic court will amend the speeding ticket to a non-reporting charge or at least reduce the speed to avoid the license suspension.
Any under-21 driver upon receiving a speeding citation for 24-mph or over should immediately contact an attorney and begin to look at Defensive Driving School options. They should also be conscious of their driving and avoid receiving any other traffic violations.
Why You Shouldn't Fight Your Georgia Speeding Ticket:
Speeding citations in Georgia are difficult to beat. We can typically negotiate the speeding ticket away but fighting the case at trial is difficult. The appellate courts have made it extremely easy to convict someone of speeding.
For instance, they do not actually have to prove you were going as fast as they say, only that you were traveling above the speed limit. So if you were charged with going 100mph, and you take your case to trial, the State’s burden is merely to prove you were going 1mph above the speed limit to convict you for going 100mph. This make it extremely easy to find yourself convicted of a Georgia speeding ticket when you would have been better off negotiating a reduction instead.
There are some positive case law in regards to the foundation the state needs to lay when introducing evidence related to speed detection devices. The police officer must jump through some extra hoops to introduce the results of his speed detection device. These laws do not apply to state troopers. In over a decade of being a practicing Georgia speeding ticket attorney, we have seen only one instance of this being a successful defense.
Pacing cases are when the officer follows you for a period and concludes your speed by how fast he must travel to keep up with you. These cases are always problematic for the State because in most cases the officer has to go faster to catch up with you and will use that higher speed instead of the pacing speed. It is still better to raise these concerns while negotiating with the traffic court prosecutor rather than try your luck at trial. Especially, since the officer merely has to testify that you were speeding and not the exact speed due to the previously mentioned case law.
Many defendants charged with a Georgia speeding ticket feel they can beat the charge under the assumption police officers will never show up for a speeding ticket case. This is flawed thinking. In many traffic courts in Georgia, the courtroom is actually located in the police station. The prosecutor merely has to summon the police officer from next door to be a witness against you. Police departments increasingly include appearance in court (including traffic court) as a professionalism requirement of their officers. This means the officer can be reprimanded for not appearing in court.
Furthermore, if you demand a trial on your speeding ticket in Georgia, the court may simply reset your case for another date – so you will have to appear again for your trial.
So, while getting out of your speeding ticket because the officer fails to show for the trial has worked on occasion, this is rarely a successful strategy