Getting a traffic violation can negatively impact your driving record and lead to increased insurance rates or even license suspension. Fortunately, in some cases in Georgia, you may be able to remove the violation from your record through dismissal, nolo contendere pleas, or enrollment in a defensive driving course. Understanding the options and processes for removing violations in Georgia can help you maintain a clean driving record.
Can I get a traffic violation removed from my record in Georgia?
Yes, it is possible to get certain minor traffic violations removed from your Georgia driving record. There are a few different ways this can be achieved:
- Dismissal of the charge – If the court dismisses your traffic violation, it will be removed from your driving record.
- Nolo contendere (no contest) plea – Pleading no contest allows you to accept punishment without admitting guilt. Some no contest pleas allow the violation to be removed from your record once probation or fines are complete.
- Defensive driving course – Completing a state approved defensive driving course after a traffic violation will prevent points from being added to your license.
- Expired violations – Minor violations like speeding tickets will automatically drop off your Georgia driving record after 2 years.
However, some serious violations like DUI or vehicular homicide can never be removed from your driving record in Georgia.
How do I get a traffic ticket dismissed in Georgia?
There are a few ways you can potentially get a minor traffic violation dismissed in Georgia:
- Request a hearing and contest the charge – If you can prove you did not commit the traffic offense, the judge may dismiss the charges at a hearing. You will need strong evidence in your defense.
- Expungement – In some cases, you may be able to get violations expunged (removed) from your criminal record. This involves filing a petition in court.
- Complete a diversion program – These programs allow you to complete driving school or community service in exchange for getting the ticket dismissed.
- Prosecutorial discretion – The prosecutor has the power to decide to drop charges against you if they feel it is not worth pursuing.
To improve your chances of dismissal, it helps to hire a skilled Georgia traffic ticket lawyer, arrive at court on time, and be polite throughout the process.
Can I plead no contest to a traffic violation in Georgia?
Yes, you can plead “no contest” or “nolo contendere” to traffic violations in Georgia. This means you accept the conviction and any penalties without admitting guilt in the offense.
Judges often allow a no contest plea for minor traffic violations. Some of the benefits include:
- No admission of guilt on your record
- Potentially lower fines or penalties
- Avoids the time and expense of going to trial
- May allow violation removal from your record once probation or fines are complete
However, more serious charges like DUI require you to plead guilty, not contest. Speak to your traffic lawyer about whether no contest is an option for your violation in Georgia.
Can I take defensive driving to remove a ticket in Georgia?
Yes, Georgia allows you to take an approved defensive driving course to prevent points from being added to your license after certain minor traffic violations like:
- Speeding less than 25 mph over
- Running a red light
- Failure to yield when turning left
- Improper passing
- Failure to obey traffic control devices
To have the violation removed from your record, you must:
- Request defensive driving no later than the court date on your ticket
- Pay court fees
- Complete a state certified defensive driving course within 120 days
- Submit proof of completion to the court
This option is only available once every 5 years. It prevents points, but the violation still appears on your record. Talk to your traffic court to learn the exact policies in your county.
What traffic violations expire in Georgia?
Georgia has time limits on how long most minor traffic violations stay on your driving record. Here are the typical violation expiration periods:
- Speeding tickets – 2 years
- Stop sign/red light violations – 2 years
- Failure to yield – 2 years
- No proof of insurance – 2 years
- Open container – 2 years
- Most license points – 2 years
- DUI – 10 years
- Vehicular homicide – Never expires
Once expired, the violations are automatically removed from your Georgia driving record and should no longer impact your car insurance rates or license status. However, some insurers may still consider old violations when determining your premiums.
Can I expunge a traffic violation from my Georgia driving record?
In some cases, you may be able to pursue expungement to remove eligible traffic violations from your Georgia driving record. Expungement is a court order that deletes the criminal record of an offense.
To qualify for expungement in Georgia, you generally need:
- Only one conviction on your record
- No other convictions in the past 5 years
- To have completed all sentencing requirements
You can petition the court for expungement for some minor traffic offenses like reckless driving. However, Georgia does not allow expungement for serious traffic violations like DUI. Speak to an attorney to see if you are eligible.
Should I hire a lawyer to remove a ticket from my record?
It can be extremely helpful to hire a Georgia traffic ticket lawyer to try to remove a violation from your driving record. Here are some of the advantages:
- Knowledge of Georgia traffic laws and processes for record clearing
- Experience negotiating with prosecutors
- Better ability to argue for dismissal or no contest pleas
- Stronger defense against the charges at trial
- Understanding of expungement laws and petition process
Without a lawyer, it can be very difficult to navigate the system and remove violations on your own. A small investment in an attorney can potentially save you hundreds on insurance hikes and preserve your clean driving privileges.
Conclusion
Getting traffic violations removed from your Georgia driving record involves steps like dismissal, no contest pleas, defensive driving courses, and expungement. While not all tickets can be removed, consulting with a local traffic lawyer gives you the best chance to clear your record and avoid lasting penalties to your insurance, license, and driving privileges. With the right legal guidance and process, you may be able to erase some minor violations from your driving history.