Speeding in Georgia

Under Georgia law, there are certain requirements that the prosecution has the burden of proving were complied with if they seek to convict you of speeding based upon evidence obtained through a speed detection device. 

• O.C.G.A. § 40-14-2(a) requires that the law enforcement agency that "clocked" you had the property authority to use speed detection devices. 
  
  
• O.C.G.A. § 40-14-3 requires that the location you were "clocked" was an approved location for the use of speed detection devices 
  
  
• O.C.G.A. § 40-14-4 requires that the agency (State, County, Municipal, or Campus Law Enforcement) possesses a license in compliance with Federal Communication Commission rules, and each device was tested prior to being placed in service and once annually by a technician possessing a certification as required by the Department of Public Safety. 
  
  
• O.C.G.A. § 40-14-5 Requires that:
  • (1) An officer using a radar detector must test the accuracy of the radar prior to each tour of duty and shall record and maintain a record of the results.
  • (2) an officer using a radar device shall notify each person he intends to make a case against that they have a right to request the accuracy of the radar device tested for accuracy. 
• O.C.G.A. § 40-14-6 Warning Sign Requirement 
  • (a) Each county,  municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 24 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection.
  • (b) In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 24 by 30 inches in area,  shall warn approaching motorists of changes in the speed limit, shall be visible plainly from every lane of traffic, shall be viewable in any traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection.
  • (c) In addition to the signs required under subsections (a) and (b) of this Code section, each law enforcement agency using an automated traffic enforcement safety device as provided for in Code Section  40-14-18 shall erect signs warning of the use of a stationary speed detection device within the approaching school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. Such signs shall be placed within 500 feet prior to the warning sign announcing the reduction of the speed limit for the school speed zone. There shall be a  rebuttable presumption that such signs are properly installed pursuant to this subsection at the time of any alleged violation under this article.
     
• O.C.G.A. § 40-14-7 Requires the visibility of the vehicle from which Speed Detection Device is operated not be obstructed from the view of approaching motorists and visible for a distance of at least 500 feet. 
  
  
• O.C.G.A. § 40-14-8 When Cases can be made:  With the exception of school zones, historic districts, and residential districts, no county, city, or campus officer shall bring a case based on the use of a Speed Detection Device unless the speed exceeds the posted speed limit by more than 10 miles per hour. 
  
  
• O.C.G.A. § 40-14-9 Certain evidence inadmissible:
  • Evidence obtained by county or municipal law enforcement officers in using a Speed Detection Device within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet outside an incorporated municipality shall be inadmissible in the prosecution of a violation of speeding
    
    
  • Nor shall evidence be admissible in the prosecution of a violation of speeding when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place, except that this 30 day limitation shall not apply to a speeding violation within a highway work zone
    
    
  • No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent

 

Generally, being stopped for speeding is one of the most common interactions individuals have with law enforcement. Speeding can be determined by a law enforcement officer through (1) the use of a speed detection device, or (2) pacing. 

Speed detection devices are defined by O.C.G.A. §  40-14-1(4) 

"Speed detection device" means, unless otherwise indicated, that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name "Vascar" or any similar device operating under the same or similar principle and any devices for the measurement of speed or velocity based upon the Doppler principle of radar or the speed timing principle of laser. All such devices must meet or exceed the minimum performance specifications established by the  Department of Public Safety. 

In Georgia, Speeding tickets can result in a varying amount of points awarded against an individual's driving privileges. The accrual of points is adverse to an individual because it can potentially result in: 

• Increased insurance premiums;
• a suspension of your privileged to drive; and
• potentially an impact on your employment depending upon how your driving record relates to your employment. 

Speeding points against your license, if convicted

• 15-18 Miles Per Hour Over
  
  • 2 Points
• 19-23 Miles Per Hour Over
  
  • 3 Points
• 24-33 Miles Per Hour Over
  
  • 4 Points
• 34 + Miles Per Hour Over
  
  • 6 Points
• Speed Less than Minimum
  
  • 3 Points