Is a Traffic Ticket a Criminal Offense in Georgia?

Understanding the legal implications of traffic violations is crucial for navigating the judicial system – especially of you’ve gotten pulled over in the Peach State recently.

Many people ask, “Is a traffic ticket a criminal offense in Georgia?” The short answer is: yes, it is definitely a criminal offense. Most traffic tickets in Georgia are misdemeanors, with the rest being felonies.

That’s right – felonies.

Some super egregious traffic ticket convictions could land you in prison for at least one year, and probation for long after that due to their felony status.

Thankfully, most traffic tickets the average Georgia driver will encounter will be on the misdemeanor level. Let’s take a closer look at traffic tickets and their criminal offense status here down South in Georgia.

What is a Misdemeanor in Georgia?

In Georgia, a misdemeanor is a crime that is less serious than a felony but more severe than a city ordinance violation.

It’s punishable by a fine of up to $1,000, probation, community service, or imprisonment for up to 12 months.

This category includes most traffic violations which can escalate to higher criminal offenses – such as a high and aggravated misdemeanor up to a felony – based on their severity.

Traffic Misdemeanor vs Criminal Misdemeanor in Georgia

The distinction between a traffic misdemeanor and a criminal misdemeanor lies in the nature of the offense.

A traffic misdemeanor is directly related to violating traffic laws, such as speeding, driving without a license, or DUI.

A criminal misdemeanor, on the other hand, covers a broader range of offenses like theft or assault, that are not directly tied to violating traffic laws.

Some cross-over offenses are more serious traffic charges, like homicide by vehicle.

Traffic Misdemeanor Examples in Georgia

Examples of traffic misdemeanors in Georgia include things as small as speeding or failing to wear your seatbelt, to more serious charges like driving under the influence (DUI), aggressive driving, and operating a vehicle with a suspended or revoked license.

Is Speeding a Misdemeanor in Georgia?

Yes – speeding is a misdemeanor in Georgia.

Therefore a conviction can come with fines of up to $1,000 (plus court fees, or Super Speeder fee of $200), possible probation, defensive driving, and jail time of up to 12 months – and usually points on your driving history, if you were going 15 mph or more over the posted limit.

Is a Traffic Violation a Misdemeanor or a Felony in Georgia?

Most traffic violations in Georgia are misdemeanors. However, certain serious offenses, such as vehicular homicide or serious injury by vehicle, and even a fourth lifetime driving while license suspended or revoked, are classified as felonies.

These felony offenses carry severe penalties, including imprisonment for more than one year, high fines, loss of your driver’s license, and more.

Do Traffic Misdemeanors Show Up on Criminal Background Checks in Georgia?

This one is a tricky question to answer: the safe bet is to go with – it depends.

If you were arrested as a result of your traffic charge or went to jail and were fingerprinted once convicted, then yes – that is definitely going to show up on your criminal history and therefore background check.

If you were not arrested and did not go to jail, but were convicted of a serious traffic charge, it could go on your record.

If you were not arrest and did not go to jail, and were convicted of a “lesser” crime like speeding or not maintaining your lane, then it may or may not report.

All of these will show on your driving history, and if you are trying to gain employment with a job that involves driving, then your employer will be able to pull your driving record and see all traffic convictions therein.

When in doubt, it’s worth it to pay for your own background check and criminal history. This can be done by visiting the Georgia Bureau of Investigations (GBI) website, and following the instructions located on the site.

Does a Traffic Misdemeanor Affect Employment in Georgia?

A traffic misdemeanor in Georgia could potentially affect employment, especially if the job requires driving or operating heavy machinery.

Employers often conduct background checks and a traffic misdemeanor could factor into their hiring decisions.

But usually, an employer is only going to seek access to your driving history (and see the traffic misdemeanors reported on it) if the job you want has to do with driving of some kind.

If you were arrested as a result of your traffic misdemeanor, then it is likely to appear on your regular criminal history, and could affect your employment, even if it is not a driving related job.

Do Traffic Misdemeanors Go Away in Georgia?

Traffic misdemeanors remain on your record in Georgia unless expunged. The process of expungement, or record restriction, is complex and typically requires legal assistance.

Not all misdemeanors are eligible for expungement, and eligibility largely depends on the specific circumstances of the case.

Definitely talk to a local attorney specializing in record restriction to find out if you qualify, if you want to know more.

To Sum It All Up

Even though it seems super serious, traffic tickets in Georgia are indeed criminal offenses – ranging from a misdemeanor all the way up to a felony.

So if you get pulled over, don’t ignore your ticket. It’s crucial that you either seek an attorney to help you out, or get informed enough to be able to hold your own in court.

And you don’t just want to pay the ticket either without doing research first – because paying it means you admit guilt, and thus are now a “misdemeanant”.

To find out more, talk to a local attorney near you who specializes in traffic ticket defense.