Legal Question in Traffic Law in Georgia

to many points

i have never receaved a ticket before. a few months ago i was in a wreck no one else involved where i totaled my truck. it was raining. i receaved 2 tickets goina to fast for the conditions and failure to maintain lane i guess because i was sliding. that puts me at 6 pts and because i am 17 thats 2 points to many. i have to keep my license i pay all my insurance and make my own car payments if i loose my license i loose my job.. car ect. what do i do to keep my license


Asked on 7/19/03, 7:39 pm

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: to many points

I think you may be in luck. See these two links: http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=40-5-57

AND http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=40-5-57.1.

They are the two relevant sections of the motor vehicle law.

57.1 allows a minor under 18 4 points in any 12 month period.

57 defines how many points different violations are assessed. Too fast for conditions, you will see, is actually zero points. Failure to maintain lane falls under "all other" and is 3 points. So, if you are convicted of both, it appears you will actually have 3 points in 12 months, not six.

In addition, note subsection (C) of 57. If you take a driver improvement course, either before appearing in court, or on order of the judge after appearing, no points will be assessed for a charge for which points are otherwise assessed. You can do this once every five years. So, you could even get the 3-point failure to maintain lane turned to zero by taking a driver improvement course. So, if you play your cards right, you can get out of this with no points.

So, a good deal for you might well be to see if the state will drop the lane violation in exchange for a guilty or nolo on the too fast for condtions. That will get you back to zero. A good alternative would be to go for the opposite and take the driver improvement course to get rid of the 3 on the lane violation, and that also would get you back to zero.

It looks like even if convicted on both, your worst case is 3, but you would probably be wise to quickly take the driver improvement course, then see if the state will drop one or both of the charges in exchange for a plea on the other. You can even just go to court, plead guilty or nolo, and ask the judge to let you take driver improvement school in lieu of 20% of the fine on the lane charge and the points.

More importantly, be more careful in the future. Georgia is too hard on minors, and too easy on adults.

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Answered on 7/20/03, 12:46 am


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