In Georgia, every traffic violation has a point value assigned by Georgia’s Department of Driver Services (DDS). When a driver, 21 years old or older, is cited for an offense, this point system tallies up the corresponding number. If 15 or more points accumulate on a driving record over a two-year or 24-month period, the driving license will be suspended for a year.
If you are facing a driver’s license suspension because of points, a Georgia traffic ticket lawyer can analyze your case and advise on the best course of action. If a suspension is looming, it is never a bad idea to reach out to a skilled lawyer to discover your options.
The Consequence of Points
The first time a driver’s license is suspended, drivers can ask for a driving permit that allows limited use. With a limited-use permit, drivers are allowed to drive to:
- Work
- School
- Doctor’s appointments or medical treatments, including pharmacies
- Counseling for addiction or abuse
- Court-ordered driver education courses
After the suspension term is over and upon completion of a defensive driving course, a driver can pay a $210 fee and be reinstated. The same rules apply if a first and second suspension occurs because of points within five years.
Drivers exceeding the 15 points limit a third time within five years will receive a third suspension, but this time it is a two-year suspension. For three-time offenders, there is no eligibility for a limited-use permit or early reinstatement. These drivers are still required to complete defensive driving courses and pay reinstatement fees when the suspension period ends.
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Varying Circumstances
If an out-of-state license has traffic violations within Georgia, the DDS will not assess points after the driver is convicted of the offense. Instead, the driver’s conviction will be reported to their licensing state, and the driver may be penalized according to the laws of the state where the license is issued. There are a couple of common traffic violations that do not add any points to a driver’s license, including:
- A conviction for exceeding the speed limit by less than 15 mph
- A conviction of Driving Too Fast for Conditions
Under Georgia laws, drivers under the age of 21 (minors) have a much higher chance of suspension. Their driving privileges can be taken for just one of a number of offenses. These highly penalized violations include:
- Minors attempting to or successfully buying alcohol
- Minors possessing alcohol while operating a vehicle (two points)
- Minors misrepresenting their age to buy alcoholic beverages illegally
- Minors using fake identification to buy or obtain alcoholic beverages illegally
- Minors driving aggressively (six points)
- Minors passing improperly on curves or hills (four points)
- Minors unlawfully passing a school bus (six points)
- Minors exceeding the speed limit by 24 mph or more (four-six points)
Drivers, 18 years old or younger, walk an even finer line. If they accumulate four or more points in a 12-month period, their license can be suspended for a year.
Assessing Points
There is a lengthy list of violations that can cause points to accrue against a driver’s license. Some of the most common traffic violations not listed above include:
- Not restraining a child (one point for the first offense and two points for subsequent offenses)
- Failure to use a turn signal (two points)
- Speeding more than 15 mph over the speed limit (two points)
- Speeding more than 19 mph over the speed limit (three points)
- Following too closely (three points)
- Improperly passing (three points)
- Disobeying a traffic control device or a traffic officer (three points)
- Reckless Driving (four points)
Improperly using a cell phone and texting while driving are a couple of Georgia’s newer traffic violations that can result in one point being assessed to a driver’s license.
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Reducing and Defending Point Violations
Once every five years, Georgia drivers can have up to seven points reduced if they can complete a defensive driving course and send the course’s certification of completion. Also, every five years, a judge can grant a Zero-Point Order which usually requires a defendant to complete a defensive driving course and bring the certificate to court. It reduces the fee by 20%, and no points will be assessed against the driver’s license, but the violation will still appear on their driving record.
Nolo Contendre
Anyone facing a traffic violation can also enter a plea of nolo contendere or no contest to prevent any points from being assessed. This type of legal defense is also at the judge’s discretion and can only be used once every five years.
Even with a nolo plea, an offense still shows up on driving records, and insurance companies can still raise a driver’s rates because of it. A nolo plea will be considered a conviction for anyone under the age of 21 and will not stop points from being assessed.
The assessment of points for a traffic violation comes from a conviction, so if the violation is amended or the ticket is paid before the court date, the assessed points can be reduced or nullified. Going to court and requesting the charges be reduced or amended can be beneficial, even for minor offenses.
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Suspended License
It may not be obvious that your license is suspended. If you plead guilty to a traffic violation, there is no obligation for judges or prosecutors to inform you that your license was suspended as a penalty for the offense. Your driving record could be damaged for years without your knowledge.
Anyone who suspects their driver’s license has been suspended, should call the Department of Driver Services at 866-754-3687.
Contact a Georgia Traffic Ticket Attorney
There are many ways to avoid a driving license suspension. A Georgia traffic ticket lawyer can explain all the consequences. They can offer solutions and advise on the best way to avoid a suspension.
The passionate attorneys at Barrios Virguez Attorneys are here to help. We have offices in Duluth and Augusta. Complete our contact form to schedule a consultation today.
Call or text 678-888-2222 or complete a Free Case Evaluation form
