Wednesday, January 6, 2010

Super Speeder Law Facts

Good news, on January 1, 2010 the State of Georgia has created a new Super Speeder law that is for "your protection." The rationale goes something like this, charge people a whole lot of money for speeding and they will speed less. If they speed less, then they will get in less accidents and we will all be safer. Even better than that, the "kids" driving will be safer too. And who doesn't want to protect the kids?

Of course, a cynic might say that this is simply a way to increase revenues for the State of Georgia in a time where revenues are terrible. After all, how can we be mad at a fine on speeding, speeding is bad, right?

Although you are probably not interested in my slight rant, you may be interested in knowing the particulars of the Super Speeder Law and how it could impact you.

The law referred to as the Super Speeder Law is O.C.G.A. 40-6-189.

1. If you drive 75 miles per hour or more on any two lane road or highway you will be charged an additional $200.00 over and above your normal ticket. A two lane road or highway is a road or highway with two lanes for traffic movement. That means if your normal ticket would have been, say, $200 dollars, you will now be fined a total of $400.00. Yes, that is SUPER expensive.

2. If you drive 85 miles per hour or more on any road or highway (which would include the interstates) you will be charged an additional $200.00 over and above your normal ticket just like the example above.

Keep in mind, this $200 is in addition to any of the normal fines and/or fees.

If you are pulled over under the super speeder law the Department of Driver Services has to notify you of the super speeder fee within 30 days of your receipt of the super speeder ticket and notice of conviction. They are to notify you by first class mail sent to the address listed on the department's records (presumably the address on your driver's license). Even if you do not actually receive it, if they mail it by first class mail to that address, they satisfy the notice requirement.

If you do not pay the fee within 90 days after receipt of your notice, then your license shall shall be suspended and an additional fee of $50.00 will be assessed.

As a side note you should also know that the commercials touting how these fees are going to be used for trauma care are misleading at best. The text of the statute reads: "All fees collected under the provisions of this Code section shall be deposited in the general fund of this state with the intent that these moneys be used to fund a trauma care system in Georgia and the direct and indirect costs associated with the administration of this Code section. The Office of Treasury and Fiscal Services shall separately account for all of the moneys received under the provisions of this Code section."

If you read closely you will see that the law does not require that the money be used for trauma but simply states that is "the intent." I would be willing to wager that these funds are used for all sorts of stuff not in any way related to trauma care in about 5 seconds after the funds become available.

If you are lucky enough to be treated to this new law, feel free to give us a call at 678-391-8440 or email me at brian@dunlapgardiner.com.


The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 678-391-8440.

3 comments:

  1. Good read Brian. It is informative and speaks your personal style. My thoughts are that cops will probably manipulate radar readings to have more people punished under these laws. My bet is that 82 can/will magically become 85 when you get pulled over. This law just seems kind of harsh and silly. Plus, it would be hard to fight, I'm sure. One, who's more credible's, word against another. On the other hand, I am sure that I will not speed, that much, in Georgia. -C.Reese

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  2. HI, I have recently benn privelaged to be a contributor to the Super Speeder fund. I received my ticket on january 18, paid the ticket before march 10 when it was due, and received the letter of the fine on may 24. Since it was over two months from when the ticket was received and processed, do i have to pay? It seems wrong for them to send me a fee 5 months after i got the ticket.

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  3. Josh,

    That is a good question. The same thing has happen to my son and several months later he has received his notice. From what I have read the code section says they must notify offenders of the imposition of a fee withing 30 days after reept of a qualiying ticket and notice of conviction.

    ReplyDelete

The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 678-391-8440.