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Georgia Traffic Laws

Vehicular Homicide- O.C.G.A. § 40-6-393
The bail for this crime must be set on an individual schedule. In other words, a person must go before a judge prior to a bond being set.

Any person who without malice aforethought (pre-meditation) cause the death of another person by either:

Hit and run
Reckless driving
DUI
Fleeing or attempting to elude

If convicted of first degree vehicular homicide, the penalties are as follows: shall be punished by imprisonment for not less than three years nor more than 15 years.
Any person who causes the death of another person, without an intention to do so, by violating any law other than those cited above shall be punished as a misdemeanor.

If you are a habitual violator with a revoked license and you are convicted of vehicular homicide then the penalty is not less that five years nor more that twenty years in jail. However, one year minimum must be served in jail.

Hit and run; duty of driver to stop at or return to scene of accident, O.C.G.A. § 40-6-270

MISDEMEANOR
The driver of any vehicle involved in an accident that results in an injury to or the death of any person or results in damage to a vehicle driven or attended by any person shall immediately stop as close as possible to the scene of the accident and:

Give his name and address and the registration number of the vehicle he is driving;
If it is available, exhibit his operator's license to the person struck or the driver or occupant of the car the person collided with; and
Render to any person injured in such accident reasonable assistance, including the transportation of the injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person.

The driver shall in every event remain at the scene of the accident until fulfilling these requirements. Every such stop shall be made without obstructing traffic more than is necessary.

If convicted for Hit and Run, the person's driver's license will be suspended for one year without any work permit. However, the person should be able to reinstate his license after 120 days.
Upon a first conviction the fine is not less than $300.00 nor more than $1,000.00 and up to 12 months in jail.

Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the fine is not less than $600.00 nor more than $1,000.00 and up to 12 months in jail.

IF YOU HAVE DONE THIS CRIME THREE TIMES, THERE IS A SERIOUS PROBLEM! Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the fine is $1,000.00 and up to 12 months in jail.

FELONY
If the accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and
Give his name, address, and the registration number of the vehicle he is driving;
If it is available, exhibit his operator's license to the person struck or the driver or occupant of the car the person collided with; and
Render to any person injured in such accident reasonable assistance, including the transportation or the making of arrangements for the transporting, of the injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person.
Upon conviction, the person shall be punished by imprisonment for not less than one nor more than five years.

Racing; O.C.G.A. § 40-6-186
A racing conviction is considered a misdemeanor, with a one year license suspension.
"Drag race" means the operation of two or more vehicles from a point side by side at accelerated speeds in a competitive attempt to outdistance each other or the operation of one or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.

"Racing" means the use of one or more vehicles in an attempt to out gain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.
No person shall drive any vehicle on a highway in this state in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition of speed, contest of speed, or test or exhibition of speed.

Fleeing or Attempting to Elude; O.C.G.A. § 40-6-395
Eluding is a very serious offense. It carries a mandatory 10 days in jail if convicted.

It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle. Fleeing and eluding is a high and aggravated misdemeanor and upon conviction the fine is not less than $500.00 nor more than $5,000.00 and at least 10 days in jail with up to 12 months.

Upon the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the fine is not less than $1,000.00 nor more than $5,000.00 and at least 30 days in jail with up to 12 months.

Upon the third or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the fine is not less than $2,500.00 nor more than $5,000.00 and at least 90 days in jail with up to 12 months.
FELONY FLEEING AND ELUDING It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle.

It is a felony if you are attempting to escape arrest for a felony offense other than a traffic violation. It is a felony if you operate the vehicle in excess of 30 miles an hour above the posted speed limit, strike or collide with another vehicle or a pedestrian, flees in traffic conditions which place the general public at risk of receiving serious injuries, or leaves the state. The fine is up to $5,000.00 and imprisonment for not less than one year nor more than five years.

Driving on a Suspended License; O.C.G.A. § 40-5-121
The State must prove that a person was driving with a suspended license and KNEW that the license was suspended. In most jurisdictions:
on a first offense in five years the State will ask for 2 days in jail, on a second offense in five years, the State will ask for 10 days in jail. If convicted of a driving on a suspended license, the license will be suspended for an additional six months from the date of conviction.

Aggressive Driving; 40-O.C.G.A. § 40-6-397
Operating a motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person.

Point Accumulation (What does it mean?)
A license will be suspended if any person accumulates 15 or more points within a 24 month period as measured from the dates of arrests (or ticket date). The following is the schedule of points:

OFFENSE
PTS
Aggressive driving
6
Reckless driving
4
Unlawful passing of a school bus
6
Improper passing on a hill or a curve
4
Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour
2
Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour
3
Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour
4
Exceeding the speed limit by 34 miles per hour or more
6
Disobedience of any traffic-control device or traffic officer
3
Too fast for conditions
0
Possessing an open container of an alcoholic beverage while driving
2
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
Violation of child safety restraint requirements, first offense
1
Violation of child safety restraint requirements, second or subsequent offense
2
All other moving traffic violations which are not speed limit violations
3

Special Rules and laws for People Under 21 years of Age
The driver's license of any person under 21 years of age will be suspended for if the driver accumulates 4 or more points within a 12 month period hit and run or leaving the scene of an accident racing on highways or streets,
using a motor vehicle in fleeing or attempting to elude an officer, reckless driving, any offense for which four or more points are assessable (This includes speeding 24 m.p.h. or more over the speed limit) purchasing an alcoholic beverage misrepresenting their age to acquire alcohol
using false identification possibly Possession of Alcohol
A plea of nolo contendere shall be considered a conviction for purposes of this subsection. Upon a first such revocation, a person will be eligible to apply for a new license subject to the examination requirements of Code Section 40-5-27 (License Examination- written and driving test) and payment of required fees, after six months from the date on which the revoked license was surrendered to and received by the department; and

Upon a second or subsequent such revocation, a person will be eligible to apply for a new license subject to the examination requirements of Code Section 40-5-27 (License Examination- written and driving test) and payment of required fees after 12 months from the date on which the revoked license was surrendered to and received by the department Note, DUI school and defensive driving school may be required depending upon the nature of the charges.

DUI Conviction:
If the driver's license was revoked upon conviction for violation of DUI and the driver's alcohol concentration at the time of the offense was 0.08 grams or more, they will lose their license for 12 months from the date on which the revoked license was surrendered to and received by the department.

In any case where a person's driver's license was administratively suspended for DUI, the administrative license suspension period and the license revocation period provided by this Code section may run concurrently, and any completed portion of such administrative license suspension period shall apply toward completion of the license revocation period provided by this Code section.

Any person whose driver's license is revoked under subsection for DUI shall not be issued a new driver's license without submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and payment of a fee.

Non DUI-Convictions:
Any person whose driver's license is revoked for the commission of any offense other than a DUI shall not be issued a new driver's license without submitting proof of completion of a defensive driving program approved by the department and payment of a fee equivalent to that required for restoration of a suspended driver's license.

THERE IS NO WORK PERMIT FOR ANYBODY UNDER 21 WHO IS CONVICTED OF THE ABOVE OFFENSES!

 


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