Criminal Defense Traffic Court & Charges

A Gwinnett County Traffic Court Lawyer Who Can Help You Face Your Traffic Charges

A traffic charge is relatively minor in the grand scheme of things, especially when compared to the other criminal charges people often face. However, you should not take it lightly. Even if a conviction doesn’t result in jail time or excessive fines, it could lead to points on your license, higher insurance premiums, and other consequences people often don’t expect. In addition, if you drive as part of your job, it could harm your future employment opportunities or even cause you to lose your current position. If you have been charged with a traffic offense, a Gwinnett County traffic charges attorney can help you navigate the court system and get a fair outcome. 

Hit and Run Charges

Leaving the scene of an accident without identifying yourself is a misdemeanor in the state of Georgia. If convicted, the court could sentence you to up to 12 months in jail and impose a fine of up to $1,000. However, it is charged as a felony if you fled the scene of an accident that ended in severe injury or death. Prior convictions can also affect the outcome of your case. A Gwinnett County traffic court lawyer can explain your options and develop an aggressive legal defense if you have been charged with a hit and run. 

Reckless Driving in Georgia

Reckless driving is challenging to define. Under Georgia law, it is considered driving “in reckless disregard for the safety of persons or property.” With no clear definition of what constitutes reckless driving, aggressive police and prosecutors often pursue this offense against drivers when a lesser charge would be more appropriate. If you have been accused of reckless driving, remember that they must prove your guilt beyond a reasonable doubt. Before you do anything, you should discuss your case with a Gwinnett County traffic charges attorney — they can help you decide how to best proceed in your case.  

Aggressive Driving

Aggressive driving is frequently confused with reckless driving, but they are actually separate offenses under Georgia law. Aggressive driving is considered to be driving in a manner intended to annoy, harass, obstruct, or injure another person. It is deemed a misdemeanor “of a high and aggravated nature,” meaning that you could receive the following penalties if convicted: 

• Up to 12 months in jail
• Up to $5,000 in fines

Similar to reckless driving, the underlying nature is somewhat subjective, and some lesser charges may be more appropriate. 

Speeding in Georgia

Speeding is one of the most common traffic offenses. However, don’t assume that it can’t carry serious consequences. You could face significant fines as well as points on your license. Unfortunately, many people simply choose to pay the fines and move on, only to be unpleasantly surprised that the consequences will nag them for years. Before pleading guilty to your speeding ticket, at least talk to a Gwinnett County traffic charges attorney to understand your options. 

Driving on a Suspended License

Confronted with a seemingly impossible situation, some people choose to continue driving after having their licenses suspended so they can get to work or attend to other daily responsibilities. Unfortunately, you will be subject to a suspended driving charge if you get pulled over again, even if you are not charged for some other infraction. Not only will they suspend your license for an additional period of time, but you could also be up against additional penalties, including fines as high as $1,000 and 12 months in jail. If you have been accused of driving on a suspended license, contact a Gwinnett County traffic court lawyer as soon as possible. 

Failure To Obey Traffic Device

You can be charged with failure to obey a traffic device for running a stop sign, running a stoplight, turning right on a red light when it is prohibited, or failing to slow down at a flashing yellow light, among other things. While it doesn’t typically result in jail time, you could experience a fine of up to $1,000 and three points on your license. In addition, you can expect to pay higher insurance premiums. For these reasons, consider speaking with a Gwinnett County traffic charges attorney to discuss what options you may have. 

Vehicular Homicide in Georgia

You could receive criminal charges if you caused an accident that caused the death of another person, even if it was unintentional. In the state of Georgia, vehicular homicide can be treated as either a felony or a misdemeanor, depending on the circumstances of your case. 

• Felony vehicular homicide occurs when the driver was under the influence or guilty of some other offense, such as reckless driving, hit and run, fleeing to elude a police officer, or passing a school bus. If convicted, you could serve between three and five years in prison, and your license could be suspended for up to three years. 
• Any other accident that results in the death of another person should be charged as a misdemeanor. You could be at risk of up to 12 months in prison if convicted, in addition to fines and other penalties. Your license could also be suspended for a maximum of 12 months. 

It is worth noting that a vehicular manslaughter conviction could expose you to civil liability from the victim’s family. A Georgia traffic court lawyer can defend you against these charges to help you reach a fair outcome. 

How a Gwinnett County Traffic Court Lawyer Can Help

A single incident can give rise to multiple traffic charges, some of which can be quite serious. It is not at all uncommon for people to be charged with infractions they did not commit or with more serious offenses that are simply inappropriate. In addition, prosecutors can be extremely aggressive in pursuing these cases, arguing to the judge that the maximum penalty should be imposed. 

A Gwinnett County traffic charges attorney will be able to evaluate the case against you and determine whether you have a viable defense. They can seek the dismissal of any inappropriate charges or the reduction of your charges. In addition, they can review any plea offers from the prosecution and advise as to whether they are fair. Ultimately, they can help you make an informed decision about how to proceed with your case.

Most importantly, they can fight for your rights and a fair resolution. You are entitled to your day in court, even in traffic matters. If you have been issued a traffic offense, a Gwinnett County traffic court lawyer can be a powerful advocate on your behalf. 

Contact Gwinnett County Traffic Charges Attorney Gabe Winters

No matter what charges you have been given, Gwinnett County traffic court lawyer Gabe Winters has the knowledge and experience you need. Dedicated and determined, he can help you put it all behind you. Call or email us today to schedule a free consultation to discuss your case. 

Frequently Asked Questions

Which court handles my traffic ticket in Gwinnett County?

Most traffic violations in Gwinnett County are handled in either the Gwinnett County Recorder’s Court or the Municipal Court of the city where you received your ticket. For more serious charges like DUI, your case will likely be heard in  Gwinnett County State Court or Superior Court, depending on the severity of the offense.

Why should I hire an attorney for a traffic violation?

While it may seem easier just to pay the fine and move on, doing so can have lasting financial consequences. By hiring an attorney to handle your traffic case, you can give yourself the chance to resolve your ticket without getting points on your license or increases in your insurance premiums.

What are the consequences of a traffic violation in Gwinnett County?

Consequences vary based on the specific offense you were ticketed for. Minor violations, such as speeding, can rack up fines and add points to your driving record, but they rarely escalate to incarceration. However, that is not the case with more serious offenses like reckless driving or DUI, which can lead to jail time and the suspension of your driving privileges. Over time, multiple convictions could result in the suspension of your license as well.

Can I just pay my ticket online and avoid court?

For many minor infractions, Gwinnett County allows you to pay your fines and court costs online without having to appear in court. However, paying the ticket is a guilty plea and may have long-term consequences, including an increase in your insurance premiums. For more serious traffic-related charges, you will need to either appear in court or hire an attorney to handle your case on your behalf.

What happens if I miss my traffic court date in Gwinnett County?

A bench warrant for your arrest and a suspension of your driver’s license can occur from missing your court date. The court may also impose additional fines. If you missed your date by mistake or due to an emergency, contact an attorney immediately to help you file a motion to reschedule.

Can I get points removed from my license in Georgia?

Yes, over time. Georgia allows drivers to request a reduction of up to seven points once every five years by completing a certified defensive driving course. However, the decision to credit this reduction is made by the Georgia Department of Driver Services, not the traffic court itself.

What’s the difference between a traffic ticket and a misdemeanor offense?

Some traffic offenses, such as speeding or failing to signal, are infractions. Others, including DUI, are misdemeanors in Georgia. These criminal offenses can lead to jail time, larger fines, and a permanent criminal record. Given the higher potential penalties, it is a good idea to seek out legal help right away.