Traffic Violation Lawyer in NW Georgia

What Happens In A Hit And Run Case?

Most clients that our office has represented simply panicked when the hit & run GA incident occurred. Some, though, were aware that they had one or more of these “problems” that would have been uncovered by police, if the client stayed at the scene:

• Driver license issues from an expired, revoked, or suspended license.
• Had no current valid liability insurance on the vehicle.
• Had only liability coverage with a high deductible, and no collision coverage to repair damages to your car, much less the other driver’s; or
• Did not have the owner’s permission to drive the vehicle they were operating.

Should I contact my insurance company to handle the situation? It is advisable to first consult with a lawyer. The main reason is that your insurer will want a recorded statement that may later be used against you in defending the OCGA hit and run case, under OCGA 40-6-270.

Delaying reporting a claim to your insurer won’t void your coverage, but those potentially facing criminal charges must be cautious about making potentially incriminating statements. You can file a claim within 30 days after the crash.

In GA, When Is Reckless Driving A Felony?

What happens if I’m charged with reckless driving, and someone gets seriously injured or dies in an accident? Well, in Georgia, this is considered a serious motor vehicle crime, one that falls under the category of dangerous driving offenses.

If convicted, you could face up to 15 years of jail time in State prison for vehicular homicide or serious injury by vehicle charges. This fifteen year jail time applies to each serious bodily injury or death caused, and sentences can run consecutively (end-to-end).

Watch this video to learn about the important things to do if involved in a car accident.

Now, you might be wondering, is reckless driving itself considered a felony? Actually, no. It’s still considered a misdemeanor crime. However, it’s one of those serious misdemeanors that acts as a “predicate serious misdemeanor.” This means that the District Attorney has the option to add a felony charge for serious injury by vehicle or vehicular homicide to the accusation or indictment.

So, when it comes to reckless driving first offense in GA, most people are actually looking it up because they have been arrested for DUI in Georgia. Now, the accused drunk driver is seeking a criminal justice attorney nearby who has a solid track record of getting those DUI charges reduced to reckless driving.

There are a couple of reasons for this. Firstly, if you have a license from another state like TN, SC, NC, or VA, a reckless driving conviction in Georgia might lead to a painful license suspension in those states—especially in Virginia. So, it’s important for your lawyer to reach out to the top lawyers in that out-of-state licensee’s home state before accepting a guilty plea for that reckless driving ticket in Georgia.

Secondly, while first offense Georgia reckless driving tickets aren’t as big of a problem as a DUI conviction, some clients, especially those who drive company cars for Fortune 500 companies or work for Uber and Lyft, need more than just a plea reduction to RD.

An attorney must use the right approach for each individual's pending GA RD case. Criminal defense is not “cookie-cutter” legal work; each client is unique and has different priorities and career challenges.

• First Conviction: A fine of up to $50.
• Second Conviction (within a 24-month period): A fine of up to $100.
• Third or Subsequent Conviction (within a 24-month period): A fine of up to $150.
• Points Against Driver’s License:
• First Offense: 1 point.
• Second Offense: 2 points.
• Third Offense: 3 points.

Defending Against Distracted Driving Charges In Georgia



Facing charges for violating Georgia’s distracted driving laws can be a stressful and confusing experience. However, it’s crucial to remember that a charge does not equate to a conviction. There are legal strategies that can be employed. An experienced attorney like Walt Moffitt, well-versed in Georgia’s traffic laws, will be instrumental in exploring these options.

One common defense involves challenging the evidence. This might include questioning the accuracy of the officer’s observations or the circumstances leading to the alleged distraction. In some cases, technological data, such as phone records, can be used to demonstrate compliance with the law at the time of the incident.

Another avenue is examining the legality of the traffic stop itself. An unlawful stop can lead to the dismissal of the charges, regardless of the subsequent findings. This aspect often requires a nuanced understanding of legal procedures and rights.

In situations where the evidence against the accused is strong, negotiation for reduced penalties or alternative resolutions can be a viable strategy. This might involve attending a driving course or other rehabilitative programs, emphasizing the individual’s commitment to responsible driving.

Following Too Closely Law O.C.G.A. §40-6-49 Explained

Georgia’s roads demand vigilant driving and strict adherence to traffic laws. Among these, the regulation against following too closely, known as the “following too closely law,” plays a crucial role in preventing auto accidents and ensuring road safety.

Understanding O.C.G.A. And Following Too Closely Offenses

Georgia’s law against following too closely, referenced under O.C.G.A. §40-6-49, sets forth guidelines to minimize the risk of dangerous car wrecks that can lead to personal injury. The rule is straightforward: maintain a safe distance from the vehicle ahead. What’s considered safe varies, hinging on factors like the speed of the vehicles, overall traffic conditions, and even the nature of the road.

This law’s essence lies in its flexibility; it accounts for different driving environments. On a clear, open highway, a shorter following distance might be reasonable. Conversely, in heavy rain or dense traffic, a longer gap is prudent to avoid sudden stops that could lead to collisions.

Law enforcement officers use their judgment to determine if a driver is violating this statute. If an officer deems that a car is following too closely, they can issue a citation. Such decisions are often subjective, making the understanding of this law crucial for drivers. Awareness and adherence to this regulation can be the difference between safe driving and a costly violation.

Consequences Of A Following Too Closely Ticket In Georgia

Receiving a ticket for following too closely in Georgia carries several potential consequences, impacting both your driving record and finances. Firstly, it results in points being added to your driving record. Accumulating points can lead to higher insurance premiums and, in severe cases, the suspension of your driver’s license. Specifically, a conviction for following too closely adds three points to your driving record.

Financially, the fines for such offenses can be substantial. The cost varies depending on the jurisdiction and the specific circumstances of the offense. Additionally, court costs and fees may increase the total amount payable significantly.

If the following too closely violation contributed to a traffic accident, especially one resulting in injury or property damage, the stakes are even higher. It could lead to more severe charges or civil liability. Such instances necessitate a robust legal defense to protect one’s rights and minimize potential penalties.

Understanding the ramifications of a following too closely ticket is vital. It underscores the importance of maintaining safe driving habits and the potential legal and financial repercussions of traffic violations. In cases where one faces such charges, seeking knowledgeable legal assistance can be crucial in navigating the complexities of traffic law and mitigating the consequences.

Legal Strategies For Fighting Following Too Closely Tickets

Challenging a following too closely ticket in Georgia requires a nuanced understanding of traffic laws and courtroom strategies. An experienced traffic attorney can scrutinize the circumstances of the violation, including road conditions, traffic flow, and the officer’s judgment call. One effective defense is demonstrating that the following distance was, in fact, reasonable under the specific conditions at the time. Another approach is to question the accuracy of the officer’s observations, potentially through witness statements or video evidence.

Legal representation becomes even more crucial if the ticket has led to an accident. Here, a lawyer can help in reconstructing the accident scene to provide a clearer picture of what occurred. This can involve expert testimonies or leveraging technology to challenge the presumption that following too closely was the sole cause of the accident. In some instances, demonstrating partial fault from the other party involved can be a key aspect of the defense strategy. Each case is unique, and a tailored approach is essential for a favorable outcome.

Walt Moffitt’s Approach To Traffic Law And Client Advocacy

With over 27 years of experience in traffic law, Walt Moffitt brings a depth of knowledge and a personalized approach to each case. His expertise in Georgia’s traffic regulations, including O.C.G.A. §40-6-49, allows him to provide clients with robust defense strategies tailored to their specific situations. Moffitt’s approach is grounded in a detailed analysis of each case, examining all facets from the initial stop to the issuing of the ticket.

Attorney Moffitt recognizes the impact of traffic violations on his clients’ lives, from increased insurance rates to potential license suspension. He works tirelessly to ensure that their rights are protected and advocates for the best possible outcome, whether it’s a reduced penalty, dismissal of charges, or acquittal. His strategies often involve negotiating with prosecutors, challenging evidence, and providing compelling arguments in court.

For those in need of expert legal assistance with following too closely tickets or other traffic-related offenses in Georgia, Walt Moffitt is a proven advocate. His track record speaks to his proficiency in traffic law and dedication to client success.

Georgia's Move Over Law

In the intricate world of traffic laws, Georgia’s Move Over Law is a crucial regulation for road safety. Its significance cannot be understated, especially for those traversing the bustling roads of Georgia. This law, designed to protect roadside workers and emergency responders, demands careful attention from every driver. Understanding this law is not just about avoiding legal pitfalls; it’s about ensuring the safety of all on the road.

Georgia’s Move Over Law: An Essential Legal Overview

Georgia’s Move Over Law, formally known as O.C.G.A. §40-6-16, plays a critical role in safeguarding the lives of those working along the highways. This crucial legislation requires drivers to shift one lane away when they approach any stationary vehicle that is identified as an emergency, towing, or recovery vehicle and is using flashing lights. The law’s intent is clear – to provide a safer working space for emergency responders like police officers, firefighters, EMTs, and tow truck operators, who are often exposed to the hazards of high-speed traffic during their roadside duties.

However, the law also acknowledges real-world driving challenges. In situations where lane shifting is impractical or hazardous due to the flow of traffic, drivers are instead instructed to reduce their speed significantly and be ready to come to a complete stop if necessary.

These vehicles are covered by the law:

• Police vehicles
• Fire trucks
• Ambulances
• Tow trucks
• Recovery vehicles
• Utility vehicles (e.g., electric, gas, water, cable services)
• Department of Transportation vehicles
• Highway Emergency Responder Operator (HERO) Units
• Wreckers tending to accidents

The vehicles must be stationary and displaying flashing lights for the law to apply.

Understanding The Legal Nuances Of Georgia Move Over Law

The Georgia Move Over Law might seem straightforward, but its application can be complex, depending on the circumstances. Drivers often find themselves in challenging situations where compliance with the law isn’t clear-cut. For instance, heavy traffic or multi-lane roads can make it difficult to move over safely. In such cases, the law’s requirement to slow down significantly and prepare to stop becomes crucial.

The interpretation of what constitutes a significant reduction in speed is subjective and can vary in different situations. Law enforcement officers use their discretion to determine whether a driver has sufficiently reduced speed when unable to move over. This subjectivity can sometimes lead to disputes and misunderstandings about the law’s requirements.

Another aspect that adds complexity is the range of vehicles covered under the law. Besides emergency vehicles, the law includes utility service vehicles and towing vehicles, expanding its scope.

The penalties for violating the Move Over Law can be severe, including fines and points on your driving record. In some cases, if the violation leads to an accident, particularly one causing personal injury or death, the consequences can escalate to criminal charges.

How To Beat A Move Over Law Ticket In Georgia

Challenging a Move Over Law ticket in Georgia requires a strategic approach and a thorough understanding of legal procedures. The first step is to analyze the specifics of your case. This includes reviewing the circumstances of the alleged violation, the traffic conditions, and the actions taken at the time. Gather evidence such as traffic camera footage, witness statements, or any relevant documentation that supports your case.

In court, the key is to demonstrate either compliance with the law or a reasonable inability to comply. For instance, if you were unable to move over due to heavy traffic, proving this through traffic footage or eyewitness accounts can be crucial. Alternatively, showing that you slowed down significantly, as the law requires when you can’t safely move over, can also be a strong defense.

Hiring an experienced traffic law attorney can significantly increase your chances of success. They can help identify the best defense strategy, gather, and present evidence effectively, and navigate the legal proceedings with expertise. Remember, a ticket doesn’t always mean guilt. With the right approach and legal support, contesting a Move Over Law ticket is entirely feasible.

Walt Moffitt Is Your Move Over Law Expert In Georgia

When facing a Move Over Law ticket, the guidance of an experienced attorney like Walt Moffitt can be invaluable. With over 27 years of experience in traffic law, Walt has developed a deep understanding of Georgia’s traffic regulations, including the Move Over Law.

Walt’s approach is client-focused and results-driven. He takes the time to understand each client’s unique situation, offering personalized legal advice tailored to their specific case. Whether it’s gathering evidence, negotiating with prosecutors, or representing clients in court, Walt’s comprehensive legal services aim to achieve the best possible outcome.

Walt Moffitt’s track record speaks for itself and has earned him a reputation as a skilled and reliable attorney in Georgia. Clients can trust in his experience and knowledge to navigate the complexities of Move Over Law cases effectively.

If you’ve received a Move Over Law ticket, don’t hesitate to seek professional legal advice. Contact Walt Moffitt for a free consultation to discuss your case. You can reach him at his direct phone line at 706-841-7222, or toll-free at 1-855-WALT-LAW (1-855-925-8529). With Walt‘s expertise, you stand a better chance of successfully contesting your ticket and protecting your driving record.