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.

What are my rights if I am stopped by the police? Part 2

This is the second post in a multi-part series on police-citizen encounters. Of course, this is very general information and each situation will be different. Hopefully this information will be useful for general knowledge purposes. However, if you have been arrested, or have had what you believe was an improper contact with the police, you should contact our office to discuss your potential remedies or defenses.*

In my last post in this series I addressed the first tier of police-citizen encounters. This post will address the second tier. The second tier of police-citizen encounters involves a brief stop or seizure by the police. A seizure occurs when, in view of all the circumstances surrounding the incident, a reasonable person believes that he is not free to leave. [1]Although the questions of what constitutes a seizure is often a point of contention in any criminal proceeding, the basic concept of a seizure is that the police have not yet slapped on the hand cuffs and put you in the car, which would be an arrest, but the police have made it clear that you are not allowed to leave. The bottom line is that you are considered “seized” for the purposes of determining your rights if an officer restrains your movement by physical force, command, or show of authority. All seizures, even those involving only a brief detention, implicate the Fourth Amendment.[2]

So what does this mean? In order for an officer to “seize” or stop you, the officer must have a reasonable articulable suspicion that you are involved in criminal activity prior to the officer stopping you. [3] This simply means that the officer has a reasonable belief that you are involved in something criminal. The following are a few examples that would justify the policing in stopping you:

1. if the officer is following you and you fail to use a turn signal, or commit any traffic offense;

2. if the officer sees you engage in what he believes to be a hand-to-hand drug transaction;

3. if the officer is following you and you cross over the white fog line; or

4. if the officer sees you driving along with windows that are more tinted than they should be.

However, the following are some examples that would not justify the police in stopping you:

1. your leaving a location that the police previously searched, without other factors being present;

2. driving below the posted speed limit;

3. appearing suspicious;

4. appearing nervous.

Each of the above are simply examples, and are not exhaustive of reasons why the police can stop you, nor is the list exhaustive as to reasons that would not justify the police in stopping you. The key is that if the police have a reasonable suspicion of criminal activity they can stop you. If they cannot articulate a reasonable suspicion that you were involved in criminal activity, they cannot stop you.

If the police stop you improperly, then any evidence they find as a result of the improper stop would not be allowed as evidence in a criminal case against you. This is true regardless of what the police find or learn during the illegal stop.

If the police lawfully stop you, then they can conduct a limited search of your person for weapons without your consent if they can articulate a reason that this was necessary. However, this is as far as they may go during a simple stop without probable cause (which I will discuss in my next article) unless you consent to a search. If you give your consent to a search during a lawful stop, even if the officer could not have searched you without your consent, that consent will be valid and you will not be able to complain about it later unless the officer coerced or tricked you into agreeing to a search. [4] [5]

The bottom line is that if you are stopped by the police you do not have to consent to a search of your person or vehicle. Don’t worry, if they have probable cause to search your vehicle without your consent, they will certainly do it. There is no need for you to help them out. I will discuss circumstances in which an officer would have probable cause to search without your consent in my next article.

*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. Please call 678-391-8440.

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[1] State v. Tollefson, 259 Ga.App. 320, 577 S.E.2d 21 (2003)

[2] State v. Tollefson, 259 Ga.App. 320, 577 S.E.2d 21 (2003)

[3] Carrera v. State, 261 Ga.App. 832, 584 S.E.2d 2 (2003)

[4] Harris v. State, 269 Ga. App. 48; 603 S.E.2d 476 (2004)

[5] Salmeron v. State, 280 Ga. 735; 632 S.E.2d 645 (2006)