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

Obedience to an authorized person directing traffic is required: Georgia code 40-6-2, “no person shall fail or refuse to comply with any lawful order or direction of any police officer, firefighter, police volunteer or school crossing guard invested by law with authority to direct, control, or regulate traffic.” Upon conviction of violating Georgia code 40-6-2, three points will be added to a drivers record. Conviction can be appearing in court and being found guilty. Conviction can be by paying the fine to avoid going to court. This is a guilty plea and it is subject to the three-point addition to a drivers record. This educational blog, explaining at the uniform rules of the road, is provided by the Alpharetta, Georgia traffic ticket defense attorney Scott Miller. 770-408-1001

Getting client’s extremely high speed ticket dismissed. On January 13, 2019, I appeared with my under age client and my client’s family in the Douglas County State Court. My client had been charged with speeding 118 mph in a 65 mph zone. His speed was 58 miles an hour over the limit.

Fighting client's disobedience of traffic control device, accident. On January 13, 2019 at 6:00 PM: I appeared on my client's behalf in Alpharetta Municipal Court. My client was charged with an accident caused by his disobedience of a traffic control device. GA Code 40-6-20. Obedience to traffic control device is required: The driver of any vehicle shallow obey the instructions of an official traffic control device, unless otherwise directed by a police officer or the driver of an authorized emergency vehicle. Any person convicted of violation of Georgia code 40– 6–20 will have three points added to their record at the Georgia Department of driver services. Following negotiation with the prosecutor, I presented a letter to the court from my client’s insurance agency stating that the damage to the other vehicle had been repaired. I was then able to get his ticket dismissed for a $75 Court fee.

On Monday, January 14, at 4:00 PM, I appeared with my client in the Milton City Court. My client had been issued a super speeder ticket. He was clocked driving his vehicle at 29 mph over the limit. Georgia code 40-6-189 Article 9 classification as a super speeder: Georgia’s “super speed law” defines a super speeder as a driver convicted of speeding at 75 mph or more on a 2 Lane Rd. or at 85 mph and above on any road or highway in the state of Georgia. If convicted of a super speeder ticket, the driver in addition to paying the local speeding fine, is required to pay an additional $200 to the Georgia department of driver services. After considerable negotiation with the prosecutor, I got to court to agree to change my client’s speed from 29 mph over the limit to 14 mph over the limit. His speeding ticket thus becomes a regular speeding ticket. The court will allow my client 60 days to submit proof of a defensive driving driving class and pay the court fine. When this is completed within 60 days, my client’s charge will be dismissed. There will be no record of this incident made with the Georgia Department of drivers vehicles, and his insurance company will not be informed about this ticket.

Fighting my client's super speeder ticket in Milton, GA. Georgia code 40-6-189 Article 9 classification as a super speeder: Georgia’s “super speed law” defines a super speeder as a driver convicted of speeding at 75 mph or more on a 2 Lane Rd. or at 85 mph and above on any road or highway in the state of Georgia. If convicted of a super speeder ticket, the driver in addition to paying the local speeding fine, is required to pay an additional $200 to the Georgia department of driver services. On January 14, 2019, I appeared for my client in Milton City Court. My client had been issued a super speeder traffic ticket. Following negotiation with the prosecutor, I was able to get the court to agree to reduce my client’s speed to 14 mph over the limit, in exchange for my client completing a defensive driving class and paying a fine. There will be no report made of this speeding ticket with the Georgia Department of Driver Services. My clients insurance company will not find out about this issue. This is another very happy client of the Alpharetta, Georgia traffic ticket defense attorney Scott Miller.

Fighting client’s aggressive driving charge in Roswell: On Monday, January 14, 2019, I appeared with my client for a second appearance in Roswell city court. My client had been charged with aggressive driving. Aggressive driving, GA code 40-6-397 reads “a person commits the offense of aggressive driving, when he or she operates any motor vehicle with the intent to annoy, harassed, molest, intimidate, injure, or obstruct another person.” Aggressive driving in Georgia is a criminal misdemeanor of a high and aggravated nature. If found guilty of aggressive driving the penalty can be jail time of to less than one year, or a fine of less than $1000 or both. My client and I were in Russell City Court for our second appearance. The arresting officer involved in this case was recently fired by the Roswell Police Department for misconduct. After negotiation with the prosecutor, the court did not move forward with the officers cases. My client’s case was dismissed and his arrest expunged.

Fighting client’s charge of accident caused by improper backing in Roswell On January 13, 2019, I appeared in Roswell City Court on behalf of my client. My client had been charged in an accident of improper backing up. GA Code 40– 6–240 states “a driver shall not back a vehicle unless such movement can be made with safety and without interfering with other traffic.” If my client was convicted of improper backing, three points would be added to my client’s driving record. I presented to the court a letter from my client’s insurance company that stated, the damages to the other driver’s vehicle we’re already resolved and paid for. Following negotiation with the prosecutor, I was able to get the court to reduce my client’s improper backing charge to a basic rules violation. My client was charged a $75 Court fee and the case was closed. There will be no reporting of this ticket to the Georgia Department of driver services.

Fighting client’s reckless driving charge in Atlanta City Court: On January 13, 2019, I appeared with my client in the Atlanta City Court. My client was charged with reckless driving and speeding 104 mph in a 55 mph zone. Georgia code 40-6-390 states that “any person who drives any vehicle in a reckless for safety of persons or property commits the offense of reckless driving.” Reckless driving, unlike most other traffic violations in Georgia, is considered to be a criminal misdemeanor and is punishable by up to 12 months in jail, or a fine of up to $1000 or both if convicted of the charge. After considerable negotiation with the prosecutor, I was able to get the court to reduce my client’s speed from 104 mph in a 55 mph zone, to 84 mph in a 55 mph zone. Although my client’s speed is now 29 mph over the limit and this can add five points to his driving record, I arranged for a plea of Nola. This Nola plea will eliminate his super speeder points. My client will have to complete 50 hours of community service and defensive driving class. He was ordered to pay a fine of $750.

Wednesday, 12/19/18, in Alpharetta Municipal Court: On Wednesday, December 19, 2018, I appeared with my client in the Alpharetta Municipal Court. I was there to answer to his charge of reckless driving, revving engine at red light and taking off at a high speed in the rain. Following consultation with the prosecutor, I asked that this case be reset for January to allow time for additional discovery.

Getting client's following to close charge dismissed in Dekalb County: On Monday, 1-14-19, I appeared on my client’s behalf in Dekalb Recorders Court. My client had been charged with a following too close accident. GEORGIA CODE 40-6-49: states,” 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 condition of the highway.” Drivers convicted of following too closely, will have 3 points added to their record at the Georgia Department of motor vehicles. I presented letters to the court showing that the damage to the other drivers vehicle had been paid for by my client’s insurance company. Following negotiation with the prosecutor, I got my client’s charge of following too closely dismissed.