Super Speeder Law

A lot has been made of Georgia’s new Super Speeder law, but there is still a lot of confusion about what exactly the law entails and how it is enforced. The Super Speeder law came about as part of House Bill 160 and has been codified as O.C.G.A. 40-6-189. The law took effect on January 1, 2010. According to the new law anyone who is going faster than 75 miles per hour on a two lane highway is a Super Speeder. Further, anyone travelling faster than 85 miles per hour on ANY road in Georgia is a Super Speeder. This includes all Interstate Highways in the State of Georgia. What this means is that person travelling 15 miles per hour over the speed limit on a 70 mile per hour speed limit interstate will be subject to the new law and have to pay the fines associated with it.  

A two lane highway is exactly what it sounds like. It is a road that has only two lanes of traffic. These are what are often considered “back roads”, surface streets, and country roads. Any road that has only two lanes of travel (one in each direction) is a two lane road.

The Super Speeder law applies to all tickets received on or after January 1, 2010. Just because you received a ticket in 2009, but it is not disposed of until 2010 does not mean you are now subject to the Super Speeder law.

So how is the law enforced?

The Super Speeder law adds an automatic fee of $200.00 to any ticket where the driver was travelling in excess of the speeds listed above. This fee is in addition to any fine imposed on the actual speeding offense. It does not replace the fine you would have received, it adds to the fine you would already be paying. Further, failure to pay the additional two hundred dollar assessment within 90 days of it being assessed will result in the suspension of the driver’s license of the person failing to pay. Not only will the person’s driver’s license be suspended, but they will also still have to pay the $200.00 fine, plus an additional $50.00 fee to have their license reinstated. Many people are unaware that driving with a suspended license in Georgia is an offense that will result in arrest and jail time, so avoiding a super speeder suspension is advised at all costs.

There is some hope if you are stopped and given a ticket as a super speeder. First, do not just pay the ticket and hope it will go away. By paying a ticket you are admitting the guilt of the act contained in the citation, and the Super Speeder fine is not assessed until the Department of Driver Services receives notice that a qualifying citation has resulted in a conviction. Paying a ticket outright is the same as a conviction for the offense under the Super Speeder law.

 Also, a plea of Nolo Contendere will not save a driver form a Super Speeder fine. While a “nolo” plea will save the points on a person’s license, it is still considered a conviction under the Super Speeder law and will result in the $200.00 fee being assessed.

However, the law does impose some new standards on police officers issuing citations. The law requires an officer to note on the citation the speed the person was traveling, the speed limit on that road, AND whether or not the road was a two lane highway. It is unclear whether failure to include these required items will result in the citation being dismissed, but it is an argument that Attorney’s are prepared to make to get these citations dismissed and help clients avoid these costly fines.

Finally, many people wonder where the money from these fines is being utilized. The state is using the fees collected to help fund trauma centers in Georgia. Sixty percent of all trauma victims in Georgia are the result of car accidents, and the State hopes to offset trauma center costs by the fees they collect from super speeders. 

How Will a DUI Affect My License?

            As an attorney who specializes in the practice of DUI Defense, I often get the question: “What happens to my driver’s license if I am convicted of a DUI?”  The reality is there is no quick and fast answer to that question.  Many factors come into play including but not limited to:

1)      Age of the offender

2)      Number of prior offenses within a specified time period

3)      Whether a test was taken or refused

4)      If taken, what the results of that test were

5)      The specific code section under which you have been charged

In this article, I will attempt to shed some light on the license implications of having a DUI on your record, both before and after your case goes to court.  By no means is this article intended to be exhaustive of all potential driving privilege ramifications; however, I will provide a good guide for most drivers and some attorneys.

Before Court

            The first question I will ask a person charged with a DUI whom calls into the office is, “Do you still have your driver’s license?”  In most circumstances, if a person charged with a DUI does not have their license, the officer or deputy has taken it and given the driver a DPS 1205 form.  A DPS 1205 form looks like the one to the right.  It may be white or yellow, depending on the department.

A person can be issued this form for four distinct reasons:

1)      The driver refused to submit to the state mandated test by the officer.

2)      The driver took a breath test and registered .08 grams or higher on the Intoxilizer 5000.

3)      The driver was under the age of 21, took a breath test, and registered .02 grams or higher on the Intoxilizer 5000.

4)      The driver was operating a commercial vehicle, took a breath test, and registered .04 grams or higher on the Intoxilizer 5000.

It is within the officer’s discretion to seize your license and issue you a DPS 1205 form if you fall within one of the categories listed above.  Therefore, not all people who register over a .08, for example, will be given one of these forms. 

           

If you have been given one of these forms, you have 10 business days from your date of arrest to file an appeal with the Administrative License Suspension Hearing Unit.  An attorney can help you draft this letter and send the appropriate fees.  At our office, this is included in your representation.  If you fail to file a request for an appeal within the designated time period, 30 days from your date of arrest, your license may be suspended for a period of one year.  The length of that suspension and whether you can get a “work/hardship” permit depends on which of the four categories you fell into.  You would need to contact our office if you feel that your license has been suspended due to a failure to file a request for a hearing.  We may be able to help you get back on the road.

After Court

            If you plead guilty or are convicted of DUI, your age and the code section under which you were charged, among other things, has an impact on the length of your suspension and whether a permit is available.  The chart below is a good guide for all the subsections of the DUI statute; O.C.G.A. § 40-6-391:

Code Section O.C.G.A §	Length of Suspension	Permit?
40-6-391 (a) (1) “Less Safe” – No Refusal	·         12 month suspension in accordance with O.C.G.A. § 40-5-63 (a) (1) ·         Following 120 days, and upon the completion of a DUI Risk Reduction Program, license can be reinstated at the discretion of DDS	Yes – subject to the conditions of O.C.G.A. § 40-5-63 (a) (1)
40-6-391 (a) (1) “Less Safe” – Refusal	·         12 month suspension in accordance with O.C.G.A. § 40-5-63 (a) (1)	No – pursuant to O.C.G.A. § 404-5-67.2 which explicitly excludes an offender from a permit under O.C.G.A. § 40-5-64
40-5-391 (a) (2) Drugs “Less Safe” or “Per Se”	·         180 day suspension pursuant to O.C.G.A. § 40-5-75 (a) (1)	No – pursuant to O.C.G.A. § 40-5-75 (e)
40-6-391 (a) (3) Intoxicants “Less Safe” – No Refusal	·         12 month suspension in accordance with O.C.G.A. § 40-5-63 (a) (1) ·         Following 120 days, and upon the completion of a DUI Risk Reduction Program, license can be reinstated at the discretion of DDS	Yes – subject to the conditions of O.C.G.A. § 40-5-63 (a) (1)
40-6-391 (a) (3) Intoxicants “Less Safe” –Refusal	·         12 month suspension in accordance with O.C.G.A. § 40-5-63 (a) (1)	No – pursuant to O.C.G.A. § 404-5-67.2 which explicitly excludes an offender from a permit under O.C.G.A. § 40-5-64
40-5-391 (a) (4) Drugs and Alcohol Combined	·         180 day suspension pursuant to O.C.G.A. § 40-5-75 (a) (1)	No – pursuant to O.C.G.A. § 40-5-75 (e)
40-6-391 (a) (5) [>.08] Alcohol “Per Se”	·         12 month suspension in accordance with O.C.G.A. § 40-5-63 (a) (1) ·         Following 120 days, and upon the completion of a DUI Risk Reduction Program, license can be reinstated at the discretion of DDS	Yes – subject to the conditions of O.C.G.A. § 40-5-63 (a) (1)
40-6-391 (a) (6) Marijuana****	·         Found Unconstitutional	N/A
40-6-391 (i) Commercial Vehicle	·         12 month suspension in accordance with O.C.G.A. § 40-5-63 (a) (1) ·         Following 120 days, and upon the completion of a DUI Risk Reduction Program, license can be reinstated at the discretion of DDS; however, may possibly be a lifetime disqualification of the individuals CDL	Yes – subject to the conditions of O.C.G.A. § 40-5-63 (a) (1)
40-6-391 (k) (1) Under 21	·         If alcohol concentration was .08 grams or more, 12 month suspension in accordance with O.C.G.A. § 40-5-57.1 (b) (2) (B) (ii) ·         If alcohol concentration was .079 grams or less, 6 month suspension in accordance with O.C.G.A. § 40-5-57 (b) (1) (B) (i)	No – pursuant to O.C.G.A. § 40-5-57.1 (b) (2) (B)

****DUI Marijuana cases are being prosecuted under O.C.G.A. § 40-6-391 (a) (2) which is a 6 month suspension with no permit available.

            Finally, the number of convictions an individual has within a 5 year period has an impact on the length of suspension and whether a permit is available.  Many factors come into play with regards to this; therefore, you should contact our office if this is not your first offense.  Generally, if you are convicted of multiple offenses within a five year period, you will lose your license for a minimum period of one year and you will not be allowed a permit to drive for work or other approved purposes.

            It should also be stressed that licensing implications, although difficult to decipher through the Georgia Code, are not the only implications of a DUI.  Jail time, loss of job, effects on insurance, and other collateral consequences are just as impactful and very likely.  It is extremely important you contact an attorney if you have been charged with a DUI offense.  Make sure that the person you hire is experience in these types of cases and knows the law. 

If you are currently facing a DUI charge in the State of Georgia, do not hesitate to contact our office.