Legal Question in DUI Law in Georgia

I am presently on probation for reckless driving until I pay off my fine and do my community service. I was initially charged with a DUI but it was reduced to reckless driving as there was insufficient proof and I refused the breath test. I was told that I cannot not get in any trouble while on probation. I've kept my nose clean so far but yesterday on my way in to work I was pulled over by Cobb police for speeding. The officer was actually pretty decent. He pulled me doing 15 over but reduced it off the bat to only 11 over. He also told me that since it was only 11 over I would incur no points on my license and can just opt to pay the fine which is exactly what I plan on.

My question is this: should I notify my PO since this is only a moving violation and maybe something she may never be made aware of to begin with? I have a meeting with her this Monday August 12. If I can pay the fine before meeting with her will that effect the outcome? What is the most likely scenario to come of this? Most of all what is my best course of action? Thanks in advance

Asked on 8/07/13, 5:04 pm

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

Barring a long history of driving offenses showing a pattern of reckless conduct, a probation officer will no look to revoke you for a minor speeding charge. Where you run into trouble is when you are actually arrested, and that is the question they usually ask when you meet with them "you have not had any arrests since we last met". If she asks point blank about the speeding charge, you don't need to lie to her, as that can get you into hot water. Also, if you have already paid the ticket, you can tell her it is resolved. Given the fact that the officer already reduced the speed, paying the ticket may be the best option short of hiring an attorney to try and get it dismissed.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website:

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Answered on 8/09/13, 7:55 am

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