Understanding Georgia Traffic Laws

The Georgia Department of Motor Vehicles uses a points system to track violations over your driving history. A few points on your driving record might not seem like a dire consequence compared to the financial burden of fines and insurance rates that will likely result from a traffic ticket, but be wary; even minor infractions can add up quickly, and ultimately result in a suspension of your license.

Georgia Driver's License Points and Suspensions

A certain number of points — ranging from 2 to 6, depending on the severity of the violation — are assigned to each type of traffic conviction: speeding, following too closely, texting and driving, etc. If you accumulate 15 points in 2 years, the state of Georgia will suspend your license. (Keep in mind there are other ways for your license to be suspended; even with zero points on your license, your license will be suspended automatically when you miss your court date, for example. There are also different suspension stipulations for those under the age of 21 and 18.)

Speeding Points Schedule

O.C.G.A. 40-6-181

15-18 MPH – 2 Points

19-23 MPH – 3 Points

24-33 MPH – 4 Points

34+ – 6 Points

The following traffic violations may result in 1 point being assessed against your Georgia driver’s license:

O.C.G.A. 40-6-241.1 Violation of Usage of Wireless Telecommunications Device

O.C.G.A. 40-6-241.2 Operating a Vehicle while Text Messaging

O.C.G.A. 40-6-54 HOV Lane Violation (4th and Subsequent Offense)

O.C.G.A. 40-8-76 Violation of Child Safety Restraint

The following traffic violations may result in 2 points being assessed against your Georgia driver’s license:

O.C.G.A. 40-6-248.1 Unsecured Load Resulting in Accident

O.C.G.A. 40-6-253 Open Container

O.C.G.A. 40-8-76 Violation of Child Safety Restraint (2nd or Subsequent Offense)

The following traffic violations may result in 3 points being assessed against your Georgia driver’s license:

: O.C.G.A. 40-6-16 “Move Over” Violation

O.C.G.A. 40-6-20 Disregard of Traffic Control Device or Signal

O.C.G.A. 40-6-2 Failure to Obey Police Officer

O.C.G.A. 40-6-41 Failure to Yield to Oncoming Traffic

O.C.G.A. 40-6-42 Improper Passing

O.C.G.A. 40-6-48 Failure to Maintain Lane

O.C.G.A. 40-6-49 Following Too Closely

O.C.G.A. 40-6-70 Failure to Yield at Intersection

O.C.G.A. 40-6-184 Impeding the Flow of Traffic

O.C.G.A. 40-6-273 Failure to Report Accident

And all other moving violations

The following traffic violations may result in 4 points being assessed against your Georgia driver’s license:

O.C.G.A. 40-6-45 Improper Passing on Hill or Curve

O.C.G.A. 40-6-390 Reckless Driving

The following traffic violations may result in 6 points being assessed against your Georgia driver’s license:

O.C.G.A. 40-6-163 Unlawful Passing of School Bus

O.C.G.A. 40-6-397 Aggressive Driving

The following is a list of offenses for which the Georgia Department of Driver Services will suspend one’s license or driving privileges, upon being informed of a conviction by a court (suspension authority indicated in parentheses):

§40-6-393 Homicide by Vehicle (1st and 2nd Degree) (§§40-5-54, 40-5-63)
§40-6-270 Hit-and-run or Leaving the Scene of an Accident (§§40-5-54, 40-5-63)
§40-6-394 Serious Injury by Vehicle (§§40-5-54, 40-5-63)
§40-6-393.1 Feticide by Vehicle (1st Degree) (§§40-5-54, 40-5-63)
§40-5-120 Fraudulent or Fictitious Use of or application for a license or ID card (§§40-5-54, 40-5-63)
§40-5-125 Fraudulent or Fictitious Use of or application for a license or ID card (§§40-5-54, 40-5-63)
§40-6-15 Operating a motor vehicle with a revoked, cancelled, or suspended registration (§§40-5-54, 40-5-63)
§40-6-186 Racing on Highways or Streets (§§40-5-54, 40-5-63)
§40-6-395 Using a motor vehicle in fleeing or attempting to elude an officer (§§40-5-54,
40-5-63)
§40-6-391 Driving under the Influence/DUI – Child Endangerment (§40-5-63)
§40-6-255 Failure to Pay for Gasoline (§40-5-57.2)
§40-6-10 No Insurance/Failure to Show Proof of Insurance (§40-5-70)
§40-5-121 Driving While License Suspended or Revoked (§40-5-121)
§32-6-30 Refusal to Weigh (§32-6-30)
§40-5-30 Violation of License Restriction (not mandatory, at the discretion of the court)

For persons under the age of 21, any of the above convictions AND: 

§3-3-23(a)(2)) Purchasing an alcoholic beverage by a person under 21 years of age (§40-5-57.1)
§3-3-23(a)(2) Attempt to purchase alcohol by an underage person (§40-5-63(e))
§3-3-23(a)(2) Possession of alcohol by a minor while operating a vehicle (§40-5-63(e))
§3-3-23(a)(3) Misrepresenting age for the purpose of illegally obtaining an alcoholic beverage (§40-5-57.1)
§3-3-23(a)(5) Misrepresenting identity or using false identification for the purpose of purchasing or obtaining any alcoholic beverage (§40-5-57.1)

For persons under the age of 21 who are Georgia residents, any of the above convictions AND: 

§40-6-397 Aggressive Driving (§40-5-57.1)
§40-6-45(a)(1) Improper Passing on a hill or curve (§40-5-57.1)
§40-6-163 Unlawful passing of a school bus (§40-5-57.1)
§40-6-181 Exceeding the speed limit by 24 mph or more (§40-5-57.1)

For persons under the age of 18 who are Georgia residents, any of the above convictions AND 

§40-5-57.1 Accumulation of four (4) or more points in any consecutive twelve (12) month period (§40-5-57.1)

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Points Reduction and Criminal Defense for Traffic Charges

If you are a Georgia driver, you should carefully explore all possible opportunities of a reduction to the charge so that you can avoid unnecessary point accumulation on your driving record. Moreover, you should also understand the status of your current driving record — and know exactly how many points you currently have on your license — so you know how close you are to accumulating 15 points within a 2-year period.

No matter your current points status, there are numerous ways to avoid point accrual on your record by getting charges reduced or even obtaining current points reduction. As an experienced traffic attorney in Georgia, Erin Gerstenzang can advise you on your options given the type of traffic citation and your court assignment, and fight your ticket in court if you want to contest your charges.

What it's like to work with Erin

Erin Saved My License!!!

I was arrested for DUI in July, and it was a very scary and stressful time. Erin was able to turn all of that around for me.

The video of my arrest was terrible…after watching what I could stomach, it was apparent that Erin had her work cut out for her. My case was very complicated, and there were several factors that made it difficult to win. In court, it was very clear that Erin is highly respected among her peers. Erin was able to guide me through this tough time, while keeping my driving status in tact, not to mention avoiding jail time! I appreciate Erin’s hard work and dedication.

Pleasant, effective and efficient – thanks Erin!

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!

Great Lawyer!

Erin was amazing to deal with from start to finish. She really knew what she was doing and knew her way around the courthouse and prosecutors so that we could get the best result possible. She was very professional and communicated things to me very quickly and easily. She helped me out of a somewhat major traffic violation with only a fine. I would highly recommend her to anyone.

Highly recommended!

Erin is confident, competent, knowledgeable, responsive and proactive. These are the key qualities I was looking for in an attorney. She was able to answer all of my questions and managed my expectations – while I was weighing my options. I ultimately decided to take my DUI case to trial and the ruling was in my favor, icing on the cake! If you are looking for legal representation, I strongly recommend consulting/hiring Erin.

Stellar Lawyer

I hired Attorney Erin regarding traffic; I was so impressed with her thoroughness engagement and professionalism. She was able to get the largest charge dismissed and I paid a fine for the lesser charge. She was engaged and caring. I always knew what was going on and her prices were very reasonable. This is the lawyer to trust!

DUI

If you are definitely looking for a lawyer that would represent you because they have your best interest at heart, Erin is the right person for the task. Not only would she explore and exhaust all options for your case, but she would guide you and give you feedback. She is excellent , knowledgeable, experienced and friendly. I was facing DUI and I had priors before, Erin was able to fight on my behalf and secure a favorable outcome in my case.

Erin saved me time, money and a whole lotta tears

Erin is top notch and made everything easy + seamless when I was feeling very frustrated and upset. I got a speeding ticket in Brookhaven and was not only thrilled with the result she achieved, but also how quickly she helped me.

As an attorney myself, I thought about handling the ticket on my own. I’m so glad I didn’t! She got me a better result than I ever could have imagined in no time. Get off the fence and contact her if you want this weight lifted off your shoulders.

Best Attorney – who can empathize, understand your problems & finds best way to get you out of it – got all my charges dismissed

I was looking for an attorney who could understand my case, who will be able to effectively fight for me and get the best outcome. That’s exactly what Ms. Erin did. She got to drop all the charges including reckless driving and also got my arrest to be restricted. I highly Recommend Ms. Erin.

Really Really Great Attorney

Let’s start by saying I was charged with D.U.I ; Marijuana possession; Single car accident on a major highway here in Atlanta; & Refused sobriety test. It didn’t matter Mrs.Gerstenzang went to work had charges reduced to Wreckless Driving with a reduced fine. No headaches of D.U.I classes, no drug evaluation; no probation.

She was Awesome! I would recommend her to represent you. Trust me.

Great Traffic Lawyer

I’ve been a lawyer long enough to know that traffic court, especially in the City of Atlanta, is a very specialized practice. Accordingly, when our son was involved in a minor traffic accident, and we did not want to have to submit to the Atlanta Traffic Court’s “Pre-Trial Intervention-Traffic” scam, we reached out to Erin to handle it. Through her knowledge of the system, the solicitors, and the judges, she got us a great result, which was certainly much better than we could have achieved on our own.

I highly recommend her.

Fantastic lawyer, best possible outcome for the case

Erin was hired for a DUI case involving prescription medication. What made the case difficult was because of certain medical issues the client was not able to participate in his own defense. Erin had to think outside the box in representing the client, which she did with great compassion and success. She did a wonderful job of keeping us informed of her plans for representation and was always available to speak to us when necessary.

In our experience Erin really went to bat for her client. If you need legal representation in this area she is the best.

Very Impressed

I was referred to Erin through my older cousin who had used her in the past for a DUI case. This was my second DUI so he recommended her as one of the best in Dekalb county. My case was a very peculiar one and there were a lot of factors involved because it involved DUI, Hit and Run and Equipment violation. Erin was able to get all my charges dropped and only have the Equipment violation. I am THOROUGHLY pleased with the gracefulness and professionalism that Erin upheld throughout the entire process. She never seemed defeated or became flustered no matter what new evidence presented itself. She was very knowledgable and I Would definitely recommend her to anyone dealing with DUI or any other criminal offense.

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I called Erin for a simple consultation, and WOW, the wealth of knowledge the gave me was enough for me to go into court and represent myself effectively! She is not a crook or a scam artist out to take advantage of you, she genuinely cares about you and wants you to come out victorious, whether you do or do not use her. I highly recommend her, because not only is she sweet, kind and caring, she is upfront, honesty and to the point – exactly what a lawyer should be! She is definitely an asset to the Atlanta area attorneys and to any client who should choose to use her! There is no better option.

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The best call I ever made

I found myself in a bit of a bind and needed someone that knew the system and could respond quickly. Erin turned on a dime to get me out of the immediate situation I was in and then worked with me to resolve the larger issues with in a month. I have her number in my cell phone and gave it to my family and friends so they know who to call if something goes wrong.