traffic offenses

Edwards, McLeod, & Money specializes in providing expert legal advice for families or individuals facing an issue in the juvenile court system. Individuals who have not reached the age of majority have special rules relating to their right to drive.

 

The offenses listed in O.C.G.A. § 40-5-57 have a special effect when committed by those defendants that are under 21 years of age at the time of conviction. The driver’s license of any person under 21 years of age shall be suspended if convicted before their 21st birthday of any of the following:

Hit and run or Leaving the scene of an accident (O.C.G.A. § 40-6-270);

Racing on highways or streets (O.C.G.A. § 40-6-186);

Using a motor vehicle in fleeing or attempting to elude an officer (O.C.G.A. § 40-6-395);

Reckless driving (O.C.G.A. § 40-6-390);

Any offense for which four or more points are assessable under 40-5-57 ©;

Improper passing on a hill or a curve [O.C.G.A. § 40-6-45 (a) (1)];

Unlawful passing of a school bus (O.C.G.A. § 40-6-163);

Exceeding the speed limit by 24 mph or more (O.C.G.A. § 40-6-181); or

Aggressive driving (O.C.G.A. § 40-6-397);

Purchasing an alcoholic beverage [O.C.G.A. § 3-3-23 (a) (2)];

Misrepresenting age for purpose of illegally obtaining any alcoholic beverage [O.C.G.A. § 3-3-23 (a) (3)];

Misrepresenting identity or using false identification for purpose of purchasing or obtaining any alcoholic beverage [O.C.G.A. § 3-3-2      (a) (5)]; and

Driving under the Influence (O.C.G.A. § 40-6-391).

The driver’s license of any person under 18 years of age who has accumulated a violation point count of four or more points in any consecutive 12-month period shall be suspended by the Department of Driver’s Safety. A plea of nolo contendere is considered a conviction. Listed below is point schedule:

Aggressive driving	6 points
Reckless driving	4 points
Unlawful passing of a school bus	6 points
Improper passing on a hill or a curve	4 points
Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour	2 points
Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour	3 points
Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour	4 points
Exceeding the speed limit by 34 miles per hour or more	6 points
Disobedience of any traffic-control device or traffic officer	3 points
Too fast for conditions	0 points
Possessing an open container of an alcoholic beverage while driving	2 points
Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident	2 points
Violation of child safety restraint requirements, first offense	1 point
Violation of child safety restraint requirements, second or subsequent offense	2 points
All other moving traffic violations which are not speed limit violations	3 points

There are also delinquent offenses that require a mandatory license suspension under O.C.G.A. § 40-5-63 which include:

Homicide by Vehicle (1st Degree) [O.C.G.A. § 40-6-393 (a) or (c)];

Serious Injury by Vehicle (O.C.G.A. § 40-6-394);

Any felony in the commission of which a motor vehicle is used

Unlawful or Fraudulent use of a License or ID Card (O.C.G.A. § 40-5-120 or § 40-5-125);

Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration (O.C.G.A. § 40-6-15);

Racing on Highways or Streets (O.C.G.A. § 40-6-186);

Hit & Run — Leaving the scene of an accident (O.C.G.A. § 40-6-270);

Homicide by Vehicle (2nd Degree) [O.C.G.A. § 40-6-393 (b)];

Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer (O.C.G.A § 40-6-395); and

Driving Under the Influence (O.C.G.A. § 40-6-391)

Please call Edwards, McLeod & Money if you have been charged with a traffic offense while under the age of 21 and value your right to drive!

Edwards, McLeod, & Money are located in Douglasville, GA; and serves as the premier West Georgia juvenile traffic offense attorneys. Our firm has a solid record of successfully winning legal actions on a wide range of issues throughout West Georgia and the entire Atlanta Metro area.