Here’s some common questions and concerns about Traffic Tickets in Georgia, to help you understand what practically happens when you get a traffic ticket or citation.
Can I get my case thrown out?
The only times you can get your case thrown out is if the police didn’t do their job right – and you can prove it. Here’s how we’ve handled these cases for our clients.
If we have a client, let’s call him John, who comes to us and says, hey, I think the police messed up, we will ask for the police video and all other evidence and assess his case from there. Usually, since the law tends to favor the police, it’s an uphill battle – but it’s one we are willing to fight if the situation matches it. We would pre-ship this fight to John and then go from there, depending on what kind of risk versus rewards personality he is. Sometimes, even if you can fight it, it’s not always in your best interest to do so, as there’s always a chance you could lose, even if you think you’re right and the prosecutor and police are totally wrong.
Other options are possibly getting a dismissal or at least a reduction in something else, if you do something like a defensive driving course or community service – if it’s your first lifetime charge or you have had a really clean driving record for the last 10 or so years. The only way to find out if this is an option is to ask the prosecutor directly – unless you have a lawyer, then your lawyer should ask the prosecutor for you.
This is never a guarantee, no matter how open and shut you think your case is. Remember – the prosecutor is against you, the police officer’s testimony is against you, and it’s all up to the judge (or jury if you get jury trial) on what will ultimately happen in your case. But – it never hurts to ask. Or get a lawyer who’ll ask for you.
Is the fine negotiable?
Important facts: Traffic tickets in Georgia are, at minimum, a misdemeanor – some of them are felonies. Misdemeanors come with a maximum fine of $1,000 and up to 12 months in the local jail. We’ll talk about jail time next, but for the fine, it could be up to $1,000 – and that doesn’t include court costs, which could be up to the amount of the base fine.
Now some charges, by law, have a mandatory minimum fine – so if you want to have the fine reduced, you’d have to fight the underlying charge.
For other charges without minimum mandatory fine amounts, you’d have to ask the prosecutor directly about the fine being negotiable. The prosecutor is the one who calls the shots on negotiations before trial – but usually, they’ll shoot you straight and tell you “yes, I’m willing to negotiate” or “no, I’m not” and you can go from there.
We’ve seen folks who are in financial troubles sometimes able to trade community service hours for fine amounts to some degree. This isn’t always an option – not only does the prosecutor have to approve of it, but the judge does, too.
And don’t forget the court costs that are in addition to your fines – some courts only give you the fine amount. So let’s say our client John decides to plead guilty to speeding and his fine is $100. With court costs, that could double. Each court is different – so make sure you find out before you decide what to do – and if you have a lawyer, ask them whether your amount is fine only or if it also includes court costs.
Will I have to go to jail?
Now for the jail time. Like we said earlier, traffic tickets come with up to 12 months in the local jail (unless they are classified felonies – then it’s much longer time in jail potentially, and it’s in state prison, not the local jail). Some charges come with mandatory minimum jail time – like driving on a suspended license in Georgia, which comes with a mandatory 2 days in custody.
If you got arrested by the cops when you got pulled over, then the good news is that your time in jail will count if you get sentenced to any jail time at the end.
Obviously, jail time, even a few hours of it, is not optimal. You lose time from your job, your life, and, possibly, some sanity.
In some courts in Georgia, house arrest is an option. It’s an expensive option, but you can plan when you participate, helping you save your job and that sanity. Check with the prosecutor – or have your lawyer check with them – to see if this is an option. Some judges won’t allow it, so this is not a guarantee. But it can’t hurt to ask.
If you’re stuck with jail time, ask if you can have a set time to turn yourself in. This means you could spend your jail time on your off days from work, and set anything up to take care of your life while you’re in custody. This also depends on the court system, judge, and prosecutor. So ask before you commit to a plea deal to see if you can do this. Otherwise, you’ll be taken in to custody immediately after you enter your plea.
If you take the case to trial – and you lose – you’ll have to go into custody that same day. Very rarely will a judge let you turn yourself in after you lose at trial – it’s not unknown to happen, but it’s rare enough to not count on it.
Is my license going to be suspended?
Your license being suspended all comes down to what type of charge you ultimately get convicted of or found guilty of at trial – and whether it has a mandatory suspension or not.
Even for charges with mandatory suspensions, sometimes you can get a limited driving permit from the DDS (Georgia Department of Driver Services) that’ll let you drive to work, court stuff, school if you’re a student, etc. (Link for what it covers is here: https://dds.georgia.gov/limited-permits)
Make sure you check with the prosecutor to see if your license will be suspended if you plead guilty to your traffic ticket. However, they don’t have to tell you this information, since they are the lawyer for the state, not you. So it’s always a good idea to check with a lawyer or other reputable source to make sure you know for sure if you’ll be able to drive when you leave the courthouse – and if not, whether you can get a limited permit and how to get one.
Do I have to go to Court? Can I just pay the fine?
Some tickets will let you pay a fine to plead guilty to the charges – others, you can’t do this but must show up in court. Let’s talk about both.
For the tickets where you can pay and say “yup, I’m guilty” – you lose any and all negotiating power with the prosecutor. You can’t ask about community service hours for fines, or if you can get your charges reduced, or anything like that. You are stuck with what you get. Also, you could get stuck with things you’re not expecting – like points on your license. It’s important to do your research or talk to a lawyer and find out what exactly you’re getting into when you pay the fine and get the charges on your record, before you just pay it.
For the tickets that you can’t just pay, you’ll have to go to court. If you live out of state or have a crazy work schedule that doesn’t let you take off for your court date, your best bet is to hire a lawyer, since they can usually go to court for you. It’s up to the judge though whether they’ll let you skip out on court, even with a lawyer, so the next best option is for the lawyer to try and schedule the court date on a day you can make it. Most of the time, this works. But, once again, it’s completely up to the judge – and some judges are sticklers that, if you want to complete your case, you have to show your face at least once, even with a lawyer on your side.
In either case, it’s best to talk to a lawyer and at least know what you’re getting into before making any decisions. And make sure you do so pretty soon after you get the ticket – if you don’t and you miss your court date, you’ll end up with a Failure to Appear (FTA) which could lead to your license being suspended until you show up in court, or even a warrant out for your arrest so the police come and “bring” you to court (eventually – you’ll sit in jail for a while first).
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