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Red Light Moving Violations

We all know we’re supposed to stop at red lights, but we might not know the specifics of Georgia law, which are pretty clear on what constitutes a red light moving violation. Even so, if you’re caught running a red light, you’ll be facing fines, three points added to your driving record and subsequent hikes in your insurance rates.

Running a red light law and consequences

Georgia law requires drivers to come to a complete stop at a red light, even when turning right on red. What is less obvious to many drivers is that a motorist must clear the intersection before the light turns red. In other words, it doesn’t matter if the light was yellow or even green when you entered the intersection. If the light is red when you leave the intersection, then you may be charged with Failure to Obey a Traffic Control Device (e.g., red light violation). In Atlanta traffic, this is a common mistake to make, particularly when the traffic conditions are challenging, and intersections are especially congested.

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A red light violation is considered a misdemeanor, which means the maximum punishment is $1,000 and/or up to 12 months in jail. While you will face a fine, judges do not typically impose jail time for such an offense. There are two other issues you should be concerned about when considering how to handle your moving violation, though. The first and most common concern is the additional points on your license. In Georgia, if you are over 21, and you accumulate 15 points within 2 years, your license may be suspended. The second concern is how a traffic ticket violation will affect your insurance rates. Often people assume that the insurance company cares about how many points are on your driving record, but they’re more concerned with whether you are a reliably safe driver, and a big part of their evaluation of you as a driver is how many traffic tickets you have received. The only way they know whether you have received a traffic ticket is when they see it listed on your driving history. As a result, the key to low insurance rates is keeping a moving violation off your driving record.

While red light cameras are used across Georgia, these tickets are treated differently than regular red light moving violations. Under Georgia law they can only carry a $70 maximum fine, and the violation does not affect the number of points on your license or your driving record.

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Defense Attorney Erin H. Gerstenzang

Criminal defense for red light moving violations

Because of its limited consequences, many drivers opt to simply pay the fine for a red light ticket, but there are instances it may be worth fighting — if someone else was driving and you can provide evidence of it is one (like being out of town on vacation when the violation occurred, for example). If you received a regular ticket for running a red light however, you should consider your options and see if there may be a way to receive a reduction to a non-reportable offense so that your insurance rates are not affected.

If you received a moving violation ticket, Attorney Erin Gerstenzang is available to discuss available defenses for your ticket and help you understand what your options are.

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I wanted the best possible legal outcome and Erin also came highly recommended through another lawyer. She was 100% worth it. Without getting into specifics, I would not have managed the same outcome if I appeared in court on my own. She knew the system, the judges, the court, etc and was extremely timely in her communications and follow-up in the lead up to my court date. Hiring was simple (electronic documents and payment); we communicated over calls and texts, without me having to meet her till the morning of my court date. She was patient in answering all of our questions and explained the legal scenarios clearly. So glad we hired her given the peace of mind and result. Thank you Erin!