New Ticket forms Require Designation of Whether a 2-Lane Road
Language was added to O.C.G.A. ?40-6-187 to require that all speeding charges must indicate if the offense occurred on a two-lane roadway. This section is now on every Uniform Traffic Citation Form. If an officer uses an OLD, outdated form, this ticket is defective.
The New Law Clearly Defines a Two Lane Road
"Two-lane road" means 'a road or highway with two lanes for through-traffic movement exclusive of any portion of the road or highway adjoining the traveled way for parking, speed change, turning, weaving, truck climbing, or other purposes supplementary to through-traffic movement.'
The New Box for Designating whether Two Lane or Not is Only New Part of Standard Ticket Form
The Department of Driver Services [DDS] changed the UTC (traffic ticket) to accommodate this "two-lane road" requirement, and the officer completing/reporting this check-box is the only additional burden on a law enforcement officer and the courts processing these misdemeanor cases.
Your Ticket May or May Not Indicate the Words "Super Speeder" on the face of The Uniform Traffic Citations
Officers will continue to cite drivers for speeding violations under O.C.G.A. ?40-6-181, and the conviction will be reported showing the same speed detail as before ( XYZ mph in an ABC mph maximum speed zone). The officer will also designate on the form what method of "calculating" your speed was used, such as Laser, Radar, Pacing, etc. The DDS (Georgia's drivers' licensing office) will use the speed information shown on the Court's disposition of the ticket and the two-lane road indicator box to determine whether HB160 applies. By not appearing for your case, the speed CLAIMED by the officer controls, and (if applicable) the super speeder additional fee will be assessed against you.
The $200 Super Speeder Add-on is MANDATORY if the Ticket is Sent to DDS Showing that Excessive Speed
The bill also enacted a new code section, O.C.G.A. ?40-6-189 that imposes the "Super-Speeder" penalties, which include the following:
DDS must impose a fee of $200.00 on any driver who is convicted of driving at a speed of 85 miles per hour or more on any road or highway or 75 miles per hour or more on any two-lane road or highway.
For this reason alone, a citizen seeking to reduce points and fines would be well-served to hire a knowledgeable attorney to assist with such cases.
Failure to Pay the Additional $200 fee Costs You the Right to Drive in Georgia, and Maybe More
Failure to pay the Super-Speeder fee within 90 days after receipt of the notice (in your mail) will result in the suspension of the offender's driver's license or his or her driving privileges within the State of Georgia. Out-of-State licensees will be SUSPENDED on Georgia's records, thereby setting up problems if a future traffic stop occurs. In some states, like NC and FL, such an excessive speed may cause immediate loss of driving privileges due to the high speeds involved. Furthermore, the person will likely be denied a license renewal in his or her home state, if the matter remains uncorrected at the next license renewal date for the offender.
Reinstatement will not be allowed until the person pays the Super-Speeder fee to Georgia and pays a reinstatement fee of $50.00 to Georgia. So, even if you paid $500 for a speeding ticket and spent 10 days in jail, you ALSO get the EXTRA "Super Speeder" ticket in your mail, and have to pay that additional TAX to the State of Georgia.
Georgia Officers Were Slow to Write Tickets for this Super Speeder Law at First, but Now Write Over 5000 Per Month
News of the January 2010 effective date reached officers slowly, and many hesitated to write the tickets for the actual reported HIGH speed. From 142 tickets in January of 2010 and 1042 in February of 2010, the number of Super Speeder Tickets now averages over 5000 per month. That means the State of Georgia collects an additional $1 million per month in tax revenue that it can use any way it wants to use it --- not merely for Trauma Care.
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