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Why It’s Worth it To Fight a Traffic Violation

Kyle H. Jarzmik Law 
Closeup of a cropped police officer writing traffic ticket

If you’ve recently been charged with a traffic violation in Georgia, you might be wondering what is going to happen next. You might be frightened and overwhelmed—or you might not think it’s worth it to fight the charges at all. No matter your specific situation, it’s important to know that traffic violations are worth fighting.  

It’s always advisable to consult a criminal defense attorney to start strategizing your defense. At Kyle H. Jarzmik Law, I’m ready to listen to your story and help you move forward during this frustrating time. I’m proud to defend individuals throughout Fulton County, Cobb County, Dekalb County, Gwinnett County, and anywhere else in the state of Georgia. 

Understanding the Point System in Georgia:  

Georgia’s Department of Driver Services uses a point system to keep a record of every driver’s traffic violations. For every violation, 2 to 6 points will be added to your license. If you accrue 15 points on your license in a 24-month period, your license may be suspended. The more points you have at any one time, the greater the chance that your license will be suspended at the next violation. 

Should I Fight My Traffic Violation?  

Many people think that traffic violations are not worth fighting. There are many reasons, however, why it is fully worth it to have a criminal defense attorney review your case.  

Of course, having a suspended license is a major inconvenience—but it gets worse. Traffic violations can negatively impact your finances, as many violations come with hefty fines. Furthermore, having too many points on your license can negatively affect your auto insurance rate. Finally, traffic violations can impact your work and/or business. For example, a charge of reckless driving in Georgia is worth 4 points on a license, but for a truck driver holding a commercial driver’s license (CDL), it’s also a “serious” federal traffic violation. Commercial drivers will get a minimum 60-day CDL license revocation if they are convicted of two “serious” violations in three years and a minimum 120-day revocation if convicted of three “serious” violations in three years.  

It is absolutely in your best interest to fight a traffic violation, not only for peace of mind and freedom of movement but for your financial well-being. 

Common Defenses for Traffic Violations

There may be several defenses for traffic violations that an experienced attorney can utilize in your case. They include:  

  • Officer or Witness no-show: If the officer who accused you of the traffic violation does not appear in court on the day of your trial, or other witnesses who observed the alleged violation or accident, you might win easily. Officers sometimes do not appear in court due to time constraints. This typically involves requesting a trial, which is usually a second or third appearance in court. Officers are not required to appear at initial arraignments. 

  • Radar gun recalibration for Speeding: In Georgia, an officer who issues you a speeding ticket using evidence from a radar gun is required to ask if you’d like them to check the accuracy of that gun. If they did not ask you if you’d like a radar accuracy check, your attorney might be able to raise questions about the reliability of the radar gun by helping you obtain the radar calibration records. If there is evidence that the radar gun was not recalibrated within the last 30-60 days, you could have a chance of winning the case. 

  • Ticket errors: Occasionally, an officer will write down insufficient information pertaining to the violation, which may be grounds for a dismissal of the case. 

  • Factual Innocence: Perhaps the prosecution cannot prove the charges beyond a reasonable doubt or you have a factual defense to the charges based on what did or did not happen.

While the above defenses–and others–could result in your case being dismissed, you need to reach out to a skilled attorney who can help you understand your unique situation. Every individual case is different.  

Practical Legal Counsel: Kyle H. Jarzmik Law

As a former prosecutor, I have insider knowledge about how prosecutors are likely to think. This allows me to advise you realistically on your case. With my deep knowledge of traffic laws, I can argue your case concisely yet meticulously. If you live in Atlanta or in neighboring areas like Forsyth County, Douglas County, Coweta County, Carroll County, Lawrenceville, or Cumming, I’m ready to help you navigate your traffic ticket. Set up a simple consultation today.