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Juvenile Traffic Offenses in Georgia
The Attorneys at EHG Law Firm have experience defending various traffic offenses. We want to help protect your child's driver's license.
Understanding Juvenile Traffic Citations in the Atlanta Area
If you’re a young driver in the state of Georgia, you need to be aware of the unique challenges you may face when it comes to traffic citations. Under Georgia law (O.C.G.A. § 40-5-57.1), younger drivers are held to a higher standard compared to their older counterparts. This means that if you’re a young driver, especially one who relies on your license to get to work or school, it’s crucial to consult with a Georgia Traffic Attorney before making any decisions in a Georgia Juvenile Court.
Juvenile Traffic Cases – Handled Separately
Most traffic tickets issued to juveniles are processed as Juvenile Traffic Offenses. Defined by O.C.G.A. § 15-11-630, this encompasses any violation related to the operation of motor vehicles on Georgia’s roads or waterways. These cases are mandated to be heard separately from other court proceedings. These sessions are typically informal, and in some areas, non-petitioned cases are even handled in a conference room rather than a courtroom.
If a juvenile is adjudicated guilty of a traffic offense, the court has several potential actions, including issuing warnings, suspending licenses, ordering defensive driving courses or substance abuse programs, imposing fines, requiring community service, mandating participation in counseling or educational programs, and in some instances, placing the juvenile on probation or even in a detention facility.
There are also “traffic diversion” programs in some jurisdictions, allowing juveniles to complete certain conditions like defensive driving or community service to have their charges dismissed. This helps avoid adjudications being recorded with the Department of Driver Services, preventing points from being added to the juvenile’s license.
License Suspension for Under 21 Drivers
If you’re under 21 years old and you’re convicted of certain offenses, your driver’s license will be suspended. These offenses include:
- Hit and Run – O.C.G.A. § 40-6-270
- Leaving the Scene of an Accident – O.C.G.A. § 40-6-270
- Racing on Highways or Streets
- Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer
- Reckless Driving – O.C.G.A. § 40-6-390
- DUI – O.C.G.A. § 40-6-391
- Any offense for which four or more points are assessable under O.C.G.A. 40-5-57.
For young drivers, it’s essential to understand that a conviction, even a plea of nolo contendere (no contest), will result in license suspension. So, it’s best to consult with an attorney to explore your options.
License Suspension for Under-18 Drivers
If you’re under 18 years old and accumulate four or more points within a 12-month period, your license will be suspended. It’s vital to note that a plea of nolo contendere is considered a conviction and won’t prevent license suspension for drivers under 21.
| Offense | Code Section | Points Assessed |
|---|---|---|
| Aggressive Driving | O.C.G.A §40-6-397 | 6 |
| Unlawful Passing of a School Bus | O.C.G.A §40-6-163 | 6 |
| Reckless Driving | O.C.G.A §40-6-390 | 4 |
| Improper Passing on Hill or Curve | O.C.G.A §40-6-45 | 4 |
| Failure to Obey Traffic Control Device | O.C.G.A §40-6-20 | 3 |
| Failure to Obey Police Officer | O.C.G.A §40-6-2 | 3 |
| Open Container of an Alcoholic Beverage while Driving | O.C.G.A §40-6-253 | 2 |
| Failure to Secure Load | O.C.G.A §40-6-248.1 | 2 |
| Child Safety Restraint First Violation | O.C.G.A §40-6-76 | 1 |
| Child Safety Restraint Second or Subsequent Violation | O.C.G.A §40-6-76 | 2 |
| Use of a Wireless Device | O.C.G.A §40-6-241.1 | 1 |
| Operating a Vehicle While Texting | O.C.G.A §40-6-241.2 | 1 |
| Speed | Points |
|---|---|
| 1 to 14 mph over the speed limit | 0 points |
| 15 to 18 mph over the speed limit | 2 points |
| 19 to 23 mph over the speed limit | 3 points |
| 24 to 33 mph over the speed limit | 4 points |
| 34+ mph over the speed limit | 6 points |
Paying Online Might Trigger a Suspension of a Juvenile’s License
Paying the fine on a juvenile traffic ticket without contesting it in court can result in points being added to the juvenile’s license and potential suspension. Going to court allows for exploring alternative options and potentially more favorable outcomes. The Georgia Department of Driver Services assigns points based on the severity of the offense, and accumulating four points within 12 months can lead to suspension.
Reinstatement Process
If your license is suspended under either of these provisions, you may be eligible for reinstatement after a specific period:
- For a first suspension, you’ll need to wait for 6 months.
- For a second suspension, the waiting period is 12 months.
Reinstatement involves paying a reinstatement fee and fulfilling additional requirements:
- For a first suspension, the reinstatement fee is $210 (in person) or $200 (by mail). You’ll also need to provide proof of completing a defensive driving course.
- For a second suspension, the reinstatement fee is $310 (in person) or $300 (by mail).
In conclusion, understanding the implications of juvenile traffic citations in Georgia is crucial for young drivers. Seeking legal counsel and being aware of the consequences can help you make informed decisions and navigate the process effectively. Remember, your driving record matters, and it’s worth taking the necessary steps to protect your driving privileges.
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Juvenile defense for traffic tickets in Georgia
For more than a decade, Erin Gerstenzang has been teaching lawyers across the country how to handle DUI cases. Everything from trial techniques to innovative solutions for client problems, Erin is a sought-after speaker who sets the gold standard for what exceptional defense looks like in DUI. With a nationally known course on defending DUI clients, Erin is the go-to for lawyers looking to improve their skills.
Erin Gerstenzang, a member of the Faculty of the National College for DUI Defense, also brings a wealth of knowledge and leadership to the field of DUI defense. She has served as the Chair of the Georgia Public Defender Council’s DUI Trial Strategies Annual Program for seven years and currently holds a position on the Executive Board of the Georgia Association for Criminal Defense Attorneys, where she heads the Judicial Recommendation Committee.