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Hall County (Gainesville, Georgia) Traffic Violations

Our Goal is to Keep you Driving

Traffic offenses in Georgia add up, and not just in terms of the financial impact. Each traffic violation adds points to your driver's record, and those points can lead to driver's license suspension among other consequences. Plus, in Georgia, nearly all traffic violations are misdemeanors punishable by up to 12 months imprisonment! That means judges have the power to send you to jail for offenses as minor as speeding or failure to maintain lane. 

If you ignore or do not fight traffic violations with criminal consequences, you could end up with a criminal record. Many people do not understand that when they simply pay their ticket online that is a guilty plea -- resulting in points and perhaps worse. 

At Brett Willis Law, our goal is to keep you driving -- without points, without a license suspension, and without a criminal conviction. We are local to Hall County, where we've been praticing law since 2005. 

To make sure you minimize or avoid the consequences of a traffic ticket today, call us at 770-249-4405 to schedule a Free Consultation.

What are the Consequences of a Traffic Offense in Gainesville, (Hall County) Georgia?

When thinking about the consequences of traffic offenses, it is best to think in terms of: (1) Points; and (2) Mandatory License Suspensions (irrespective of points)

The Georgia Driver's Points System

The Georgia Department of Driver Services has a points schedule for traffic offenses. It designates how many points each violation carries. The points schedule is published in the DDS's Traffic Court Reference Manual. 

Under OCGA 40-5-57, "The driver's license of any person who has accumulated fifteen (15) or more points, as measured by the offense date, in any consecutive 24-month period shall be suspended." 

So, if you accumulate 15 points or more, your license will be suspended. Below is a page from that manual, showing common points assessments. 

 

If you have questions about your traffic violation, and the points assessment for that offense, call us now at 770-249-4405

Do out of state driver's get points for a Georgia moving violation?

No. No points shall be assessed as provided in O.C.G.A. §40-5-57 for any violation committed by a non-resident. However, your home state may (and likely will) assess points based on their own DDS rules. 

Are the points suspension rules different for under 18 drivers?

Yes. How many points will suspend an under-18 years of age driver's license? The driver's license of any person under the age of 18 will be suspended upon the accumulation of four (4) points! The absolute worse thing you can do if you are an under 18 driver is pay the ticket online. If you do this, it is counted as a guilty plea and you will be convicted of the crime and assessed points -- likely resulting in a license suspension.

Mandatory License Suspensions

Some offenses carry zero points, but will instead automatically suspend your driver's license. There are two main Georgia code sections that impose mandatory license suspensions (OCGA § 40-5-54 and OCGA § 40-5-63). Together, they operate to suspend licenses for conviction of the following offenses:

  • Any felony in which a motor vehicle is used
  • Operation of a motor vehicle with a revoked, cancelled or suspended registration (40-6-15)
  • Racing (40-6-186) -- (see our Street Racing page for more information)
  • Hit and Run/Leaving the scene of an accident (40-6-270)
  • Homicide by Vehicle 1st or 2nd Degree
  • Fleeing or Attempting to Elude an Officer (40-6-395)
  • DUI (40-6-391)
  • Endangering a Child while DUI (40-6-391(1))
  • No Insurance (40-6-10 -- the suspension for no insurance is governed by 40-5-70 -- see our No Insurance page for more information).

Mandatory License Suspensions for Under 21 Drivers

Under OCGA § 40-5-57.1, convictions for the following offenses will automatically suspend the driver's license of an under-21 driver:

  • Hit and run or Leaving the scene of an accident, OCGA § 40-6-270
  • Racing on highways or streets, OCGA § 40-6-186
  • Using a motor vehicle in fleeing or attempting to elude an officer, OCGA § 40-6-395
  • Reckless driving, OCGA § 40-6-390
  • Any offense for which four (4) or more points are assessable under OCGA § 40-5-57(c), which includes;
    • Improper passing on a hill or a curve, OCGA § 40-6-45(a)(1)
    • Unlawful passing of a school bus, OCGA § 40-6-163
    • Exceeding the speed limit by 24-mph or more, OCGA § 40-6-181
    • Aggressive driving, OCGA § 40-6-397
    • Driving Under the Influence, OCGA § 40-6-391
      Accumulation of four (4) or more points in any 12-month period by a person under the age of 18

For more information about under 21 drivers and the special rules applying to Under 21 Drivers, check out our Under 21 Driver's Page here

Contact our Local Traffic Ticket Defense Attorney right here in Hall County (Gainesville, Georgia) Today

The law around driving offenses can be technical and is also constantly evolving. Especially if you're considering challenging the allegations, it pays to speak with an experienced, local traffic defense lawyer in Hall County who will review your case and explain your options. We're standing by to hear from you.  

Call Brett Willis Law at 770-249-4405 to talk with an attorney now.

This is your life. Let us fight for it.

If you are facing criminal charges, you are in the right place. Give us a call at 770.249.4405, or send us a message.

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