Informative Blog Posts About GA Traffic, DUI, Misdemeanor, Felony & Probation Violations

Getting client following to close charge dismissed, Fulton State Court. On Monday, September 24, I appeared with my client in Fulton State Court. My client had been charged with a following too close accident. A following to close accident is a rear end collision as defined by Georgia Code 40-6-49. The GA code 40-6-49 states “that the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the conditions of the highway." I had previously appeared with my client in the Atlanta Municipal Court to defend my client against this charge. However, I had this case bound over to the Fulton State Court in an attempt to obtain a better outcome for my client. I am happy to report that, I got the following too close charge dismissed, and my client plead guilty to a basic rules violation and paid a fine of $100. The basic rules violation is not reported to the Georgia Department of driver services and there are no points added to his drivers record.

Defending client in Alpharetta against the charge of use of cell phone while driving On Tuesday, 9/26/18, I appeared in the Alpharetta Municipal court on behalf of my client. My client who lives in New Jersey had been ticketed for use of his cell phone while driving. Georgia code 40 –6 –241, prohibits writing, sending, or reading text based communication while operating a motor vehicle. It also prohibits the touching of a cell phone with any part of the body while operating a motor vehicle. My client, who lives in New Jersey, was unaware of this law. He was issued a citation and contacted me for help with his defense. I appeared in the Alpharetta Municipal court on his behalf, and I negotiated with the prosecutor a dismissal of the charge, upon evidence that my client possesses a hands-free device. My client sent a text and picture to me that shows he possesses the hands-free device. Upon my presenting this as evidence to the court, I got the charge dismissed.

Defending juvenile client's speeding ticket in Oakwood GA. On Thursday, September 13, at 6:00 PM, I appeared with my client in the City of Oakwood, Georgia Municipal Court. My client who is under 21 years of age had been giving a speeding ticket for 18 MPH over the posted limit. Following negotiation with the prosecutor, I was able to get the speed reduced to 14 mph over the limit. My client was required to pay a court fine and the charges were dismissed. This charge will not appear on this juveniles Georgia driving record. My client and my client’s family are thrilled with the outcome. This another happy family who are clients of the Alpharetta, Georgia traffic ticket defense attorney Scott Miller.

Georgia code 40 –6 –1 82 sets limits on the speed that a vehicle can be driven in Georgia. Georgia code 40– 6 –1 82 states that 65 mph on a highway or federal or interstate system is the limit a car can be driven in the area of 50,000 population or more. Persons found guilty of this violation will receive three points added to their driving record. Juveniles will be given more points. Juveniles may also lose their driving privilege if the court deems so. I had this client complete a certified defensive driving class before coming to court. After considerable consultation with the prosecutor, I was able to get my client’s 94 mph speed reduced to 79. Thus, his speed being 14 mph over the limit, instead of the original 29 mph over the limit, I was able to get his charge dismissed. My client had to pay a fine, however no record of this incident will be present on his driving record. This is very important for a juvenile driver. This is another very happy client of the Alpharetta, Georgia traffic ticket defense attorney Scott Miller.

Operating a vehicle with an expired tag. My last call today was from a lady with questions about her expired tag. She had failed to get her tag renewed by the expiration date. I advised her not to drive the unregistered vehicle, but rather get a friend or a taxi to take her to the nearest motor vehicle registration office to get her vehicle registration renewed. Georgia code 40–2–8 says it is unlawful to operate an unregistered vehicle without a current license plate or decal on any public highway or Street. Any person convicted of this charge will be guilty of a misdemeanor and shall be punished by a fine of $100. This informational blog is provided by the Alpharetta, Georgia traffic ticket defense attorney Scott Miller. www.lawofficeofscottmiller.com

Client charged with racing and Roswell GA. I appeared today with my client today in Roswell City Court to defend him against the charge of racing. Following negotiation with the prosecutor the court wanted my client to plea guilty to racing. He would have been placed on probation and faced a $600 Court fine. I decided to have his case transferred to the Fulton State Court in an attempt to reach a settlement more favorable to my client. My client was charged with Georgia code 40-6-186 which is a criminal misdemeanor. GA code 40-6-186 defines racing on a highway or Street as the use of a motor vehicle in attempt to out gain, out distance, or prevent another vehicle from passing. Our case will be heard in the future in the State Court of Fulton County.

Georgia code 40–6–390 Reckless driving: Anyone who drives a vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving. If you are convicted of reckless driving, you will be guilty of a misdemeanor and can be punished by a fine not to exceed $1000 or imprisonment not to exceed 12 months, or both.

Georgia code 40-6-49 following too closely My first call from a potential client this morning had to do with a chain rear end accident involving three cars. My client was in the third car involved. Apparently the car in front of my client collided with another car and my client was unable to stop soon enough to avoid an accident. Georgia code 40–6-49 states, that the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for speed of such vehicles, and the traffic upon and the condition of the highway.

Expired vehicle registration GA code 40-2-20 So far on this Tuesday morning following the Labor Day holiday, I have received 3 calls from prospective clients, all charged with operating a motor vehicle with an expired registration. Georgia code section 40-2-20 states that anyone who violates this section shall be guilty of a misdemeanor. Motorists who are charged with operating an unregistered vehicle by law enforcement, will typically have that vehicle towed to an impound lot. It will be necessary for the vehicle’s registration to be reinstated before the motor vehicle can be released from the impound lot. The driver will then have his or her day in court to address the violation of the Georgia code 40-20-20. Contact the Alpharetta, Georgia traffic ticket defense attorney Scott Miller at 770-408-1001 For a free consultation. www.lawofficeofscottmiller.com

I’m defending 5 clients with cell phone tickets. I now have five clients who were ticketed for holding cell phones while driving. Two of these clients live out of state. The two out-of-state clients are most disturbed about the lack of signage on the roadway where they were stopped, which should have said “holding a cell phone in your hand is illegal.” I feel very certain that when I appear to Court for them, I can get their charges dismissed.