Non-Compliance with a Traffic Control Device

Violating a traffic control device

Georgia traffic laws are some of the most comprehensive in the country. Indeed, traffic violations are common citations in Madison and throughout the state, and Failure to Obey a Traffic Control Device is among the most frequently cited infractions.

While you may be inclined to just pay the ticket after receiving a citation for failing to comply with a traffic device or another violation, it is important to keep in mind that paying a ticket is an admission of guilt and could lead to consequences that have real implications beyond the cost of the ticket itself: an increase in auto insurance premiums, points on your license or even suspension of driving privileges, to name a few. You have the right to fight a Georgia traffic citation and are entitled to your day in court.

Georgia laws

Under the Official Code of Georgia Annotated (O.C.G.A.) § 40-6-20, all drivers are required to “obey the instructions of an official traffic control device.” Traffic control devices include any signs, signal devices or other indicators on the roadways that direct or inform drivers of the laws:

• Traffic lights
• Stop signs
• Circular red signs
• Red/yellow arrows
• Pedestrian crossings
• Speed limits
• Temporary signs/devices used in work zones and other circumstances

The penalties for a Failure to Obey a Traffic Control Device violation include the following:

• A misdemeanor traffic offense on your record (if you are stopped by an officer and given a citation)
• 3 points on your license
• Traffic ticket fines of up to $1,000
• License suspension if the points put you over the threshold of 15 points within a 24 month span
• A civil monetary penalty of $70 (if caught running a red light by a red light camera)

While not a legal penalty, a misdemeanor citation will also very likely raise your auto insurance rates significantly. This can affect you for years, causing a long-term financial impact far greater than the cost of the ticket and following you even if you change insurance providers.

Successfully defending against a Failure to Obey a Traffic Control Device misdemeanor charge

If an officer stops you and tickets you for non-compliance with a traffic control device in Madison or elsewhere in Georgia, the ticket is a moving violation and a misdemeanor traffic offense. You’ll receive not only the ticket but a court date or court summons as well, and you’ll face the full range of penalties listed earlier in this article if you plead or are found guilty (remember that paying the ticket is an automatic guilty plea).

Our legal system is based on a presumption of innocence, and the burden of proof is on the State to establish beyond a reasonable doubt that you committed the violation. Even if you believe the evidence is stacked against you, you have a right to defend yourself and should in order to avoid or lessen the penalties.

Effective strategies used when fighting a traffic control device-related offense include demonstrating issues with the device itself, such as its poor placement/lack of visibility or malfunction. But most commonly, the objective of fighting a traffic misdemeanor is to get the charge reduced to a lesser offense that doesn’t carry with it the same consequences that will affect you long term (or have the charge dropped completely). Consider some of the most common options:

• Negotiate a plea deal with the prosecutor at court – Often the prosecutor is willing to settle for a plea deal rather than go to trial. Typically they might offer to reduce the charge to a Basic Rules Violation that would still carry a fine, but eliminate the points on your license, and thus, the insurance premium hikes.
• Plead nolo contendre at court – “Nolo contendre” translates to no contest. Essentially you are accepting the consequences for the offense without formally pleading guilty. No points are assessed on your license, but the nolo plea will be reported to the Department of Driver Services, meaning that it could result in an insurance increase. Note that to qualify for a nolo plea in Georgia, the offense must be no more than 3 points, and that you can only use the nolo option once every five years.
• Call the officer’s bluff – While risky, this option involves pleading not guilty at your initial court date and proceeding to trial, hoping the officer who issued the violation declines to show up. It is very common for officers not to attend traffic-related legal proceedings, and if they don’t the case could be dismissed entirely—no fines, no points on your license, no effect on insurance. However, there is always the possibility they do show up or that the court will continue the case to give them another chance, so you should consult your lawyer before deciding on this approach.

Reach out to a reliable defense attorney if you’ve been charged with Failure to Obey a Traffic Control Device

The team at Michael Fulcher Law have helped hundreds of clients avoid the harshest penalties for traffic violations in Georgia. To learn more about how we can support you, call (706) 438-1555 or contact us online today and schedule a free consultation.