One of the many lessons I learned from my extensive experience as an Atlanta traffic lawyer is that all judges have their own way of making fair and law-based decisions, but that the “I didn’t know it was illegal” defense generally isn’t successful. It is the responsibility of each citizen to know the laws that apply to them, and to know their rights so they can protect themselves. In the interest of helping Atlanta drivers become more proficient in the laws they need to observe, I’ve listed and explained a few Georgia traffic laws that citizens tend to overlook.

Lesser-Known Georgia Traffic Laws
  1. Open Container Laws – Every state has its own laws regarding open containers of alcohol in a vehicle, and with the Atlanta area being home to a diversified mix of citizens from all parts of the country (and the world), many residents don’t realize that they need to be familiar with a new set of laws when they move. In Georgia, it is illegal for anyone in a vehicle (driver or passengers) to be in possession of an unsealed container of alcohol. This applies to all vehicles on any Georgia roadway as well as on the shoulder of any Georgia roadway. So if your car breaks down, make sure your passenger doesn’t start working on the case of beer you were bringing home while you wait for the mechanic.

  2. Feticide by Vehicle – Most citizens are aware that when an auto accident takes someone’s life, the driver at fault can be charged with vehicular homicide. However, fewer citizens are aware that Georgia also has a “feticide by vehicle” law. This means that if an auto accident causes the death of a fetus at any stage of development, the driver responsible can be charged with feticide by vehicle. Like vehicular homicide, feticide by vehicle can be a misdemeanor or a felony depending on the alleged traffic offense that lead to the accident. This is yet another reason that anyone involved in an auto accident should be evaluated by medical professionals as quickly as possible, regardless of whether or not they feel injured.

  3. Maintaining a Current Address on Driver’s Licenses – Moving is a highly-involved process, from finalizing the paperwork at the new and old residences, to packing, to the move itself, to changing your address on all your subscriptions and accounts. But unfortunately, the one document that many movers forget to update is the one document that they’re legally required to update: the driver’s license. It may be easy to forget (after all, how often do we actually look at our driver’s license?), but according to Georgia state law, all residents are required to update their license within 60 days of moving. Fortunately, you can make this change online at the Georgia Department of Driver’s Services website.

  4. Administrative License Suspension – In some circumstances, your license can be suspended before you’ve gone to court to defend yourself against traffic charges. This is called an administrative license suspension, and in Georgia, it most often occurs when an individual who has been arrested and charged with DUI refuses to take a state chemical test to determine their blood alcohol content (BAC).

  5. Speed-Detecting Technology – While a skilled Atlanta traffic lawyer has the knowledge necessary to defend you against unwarranted traffic citations, it’s always helpful for you to know your rights as well. Many citizens think that police officers can use speed-detecting technology in essentially any way they like. But in reality, Georgia has several laws in place to protect its citizens in this regard. For instance, a police officer using a speed detection device must ensure that his vehicle is visible to oncoming motorists from at least 500 feet away. There are also laws that prohibit how near an officer can be to a speed-change zone and how steep a hill may be in order for the officer to validly use his speed-detection device to issue a speeding citation.

The best advice that I can give Georgia residents is to know the laws that apply to them. This can help you not only know how to abide by the laws, but also know when you’ve been wrongly cited or charged. However, knowledge can’t prevent everything. If you do find yourself facing a citation or charge that you don’t feel you’re responsible for, it’s important to seek the help of an experienced traffic lawyer as soon as possible. To set up a consultation about your case, contact me, Mickey Roberts.