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CASES THAT REQUIRE A COURT APPEARANCE
The following types of cases require a court appearance.

• Animal control violation (2nd & subsequent violations)
  
• Curfew Violation (2nd & subsequent violations)
  
• Driving on Suspended / Revoked License (O.C.G.A. § 40-5-121)
• Driving While Unlicensed (O.C.G.A. § 40-5-20)
  
• Disorderly Conduct  (ACC § 3-5-11)
• DUI (Driving Under the Influence)
  
• Driving While Not Insured (O.C.G.A. § 40-6-10)
  
• Exceeding speed limit in designated highway work zone (O.C.G.A. § 40-6-188)
  
• False Alarm Violation (ACC §§  3-6-3, 3-6-4) (2nd & subsequent violations)
  
• Failure to Move over for Emergency Vehicle (O.C.G.A. § 40-6-16)
  
• Fleeing / Attempting to Elude (O.C.G.A. § 40-6-395)
  
• Hit and Run / Leaving the Scene of an Accident (O.C.G.A. § 40-6-270)
  
• Furnishing Alcohol to a Minor
  
• Illegal Discharge of Firearm
  
• Limited Permit Violation (O.C.G.A. § 40-5-64)
  
• Noise Violation (residence / business) (2nd & subsequent violations)
  
• Noise Violation (Vehicle) (2nd & subsequent violations)
  
• Operating vehicle while registration suspended, canceled or revoked
  
• Possession of Marijuana
  
• Reckless Driving / Aggressive Driving
  
• Racing
  
• Railroad Crossing Violation
  
• Passing a Stopped School Bus
  
• Smoking in Prohibited location (3rd & subsequent violations)
  
• Speeding 24 miles per hour or more over the speed limit
  
• Theft by Shoplifting
  
• Underage Possession of Alcohol
  
• Unlawful Use of License / Fake ID

If you are charged with any of these offenses listed above, you must come to court.

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PAYING A FINE BEFORE YOUR COURT DATE
Certain citations can be paid before your court date, and those citations are listed below. If you received more than one citation, and any of those citations is on the above list of cases requiring a court appearance, you must come to court on all the citations and cannot pay any of the fines in advance.

In other words, if you are charged with DUI and Expired Tag, you cannot pay the citation for Expired Tag before your court date, even though it is on the list below of citations that can be paid before your court date. Instead, the citation for Expired Tag must be taken care of in court at the same time as the DUI charge.

If your citation is marked "Court Only," you must appear in court and cannot pay the fine in advance.

Municipal Court does not accept personal checks on out-of-state banks. To pay a fine by mail, send a certified check or money order, payable to the Clerk of Municipal Court, with a copy of your citation(s) to:

Municipal Court
Post Office Box 1705
Athens, Georgia 30603-1705

To pay a fine in person, come to the Clerk’s Office, Room 170 (Ground Floor) of the Athens-Clarke County Courthouse, 325 East Washington Street. Citations take several days for processing; please allow one week after a citation is issued to pay a fine in person. You may pay in person with VISA or Mastercard credit or debit card; cash; certified check or money order; and personal check on Georgia banks only.

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FINES FOR SPEEDING VIOLATIONS
All speeding tickets for 24 mph or more over the speed limit require a Court appearance.

• Too fast for conditions = $90
• 1-14 mph over the speed limit = $115
  • If in school zone = $140
• 15-18 mph over the speed limit = $145
  • If in school zone = $170
• 19-23 mph over the speed limit = $175
  • If in school zone = $200
• 24 mph over the speed limit requires court appearance.

The fine amounts are the same for school zone citations.

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FINES FOR TRAFFIC VIOLATIONS

• Camera Red Light (not subject to surcharges)= $70
• Disregarding a Red Light or Stop Sign = $115

For these citations, the fine is $90:

• Driving in the Gore
• Driving on Wrong Side of Road
• Failure to Maintain Lane/Improper Lane Usage
• Failure to Obey Officer Directing Traffic (citations issued for violations of OCGA § 40-6-16, are Court Only)
• Failure to Yield (citations issued for violations of OCGA § 40-6-16, are Court Only)
• Failure to Yield to Emergency Vehicle (citations issued for violations of OCGA § 40-6-1 are Court Only)
• Following Too Close
• Improper Driving on Roadway/Weaving
• Improper Driving/Backing
• Improper Passing/Passing in No-Passing Zone
• Improper Turn/U-Turn
• Laying Drags (OCGA OCGA § 40-6-251)
• Too Fast for Conditions
• Unsecured Load / No Flag on Load
• No Company Name Displayed
• No Tow Lights
• No Through Trucks Violation
• Tarp Violation

For these citations, the fine is $37:

• Driving with Headphones
• Failure to Dim Lights
• Failure to Signal
• Impeding Flow of Traffic
• Improper Standing/Stopping
• Obstructing Intersection
• Wrong Way on One Way Street

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FINES FOR EQUIPMENT / DISPLAY VIOLATIONS

• Commercial Tire Requirements = $290 (O.C.G.A. § 40-8-74)
• Defective Equipment = $50 (O.C.G.A. § 40-8-7)
• No Company Name Displayed = $90
• No Headlights / Taillights / Brake Lights = $50
• No Helmet / Protective Gear = $125
• No Tow Lights / Flag on Load = $90 (O.C.G.A. § 40-8-27)
• Unsecured Load = $90 (O.C.G.A. § 40-6-254)
• Window Tint / Windshield = $37

INSURANCE VIOLATIONS
No Proof of Insurance: If the defendant was insured on the date of the citation but did not have proof of insurance to show the officer, the defendant must show proof that s/he was insured on the date of citation (by showing insurance card at Municipal Court window, or by sending a copy of insurance card or a letter from insurance company). All other insurance violations are Court Only.

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FINES FOR SEATBELT VIOLATIONS

• No seatbelt (adult) (not subject to surcharges) - $15
• No child restraint (4 years old and under) (not subject to surcharges)
  • 1st Citation - $50
  • 2nd Citation - $100
  • 3rd & subsequent child restraint violations are Court Only
• No child restraint (5-18 years old) (not subject to surcharges)
  • 1st Citation - $25
  • 2nd Citation - $50
  • 3rd & subsequent child restraint violations are Court Only

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FINES FOR TAG VIOLATIONS

• Expired Tag/Unregistered Vehicle/Improper Tag Display = $115
• No Tag Light = $28
• Failure to display current decal = $28 (decal purchased but had not been affixed to tag)

Note: Georgia law provides that you have 30 days after purchasing a vehicle to obtain a tag. If you were cited within the 30-day period after purchasing the vehicle, the Judge will dismiss the charge provided you show a bill of sale or other proof of the date of purchase.

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FINES FOR LICENSE OFFENSES

• Allowing unlicensed person to drive = $35
• Expired License = $35
• Failure to obtain GA License in 30 days = $35
• No License on person = $16
• Learner's Permit Violation = $86 (O.C.G.A. § 40-5-24)
• Wrong Class of License = $35

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FINES FOR ORDINANCE / OTHER VIOLATIONS

• Animal Control Citations = [If the citation you received is marked “Court Only”, you must appear in Court. However, if you are a first-time offender and your citation is not marked "Court Only," the fine is $58 for each separate violation listed on the citation. There may be several violations listed on your citation.]
• Cruising = $50 [first offense] / $100 [second offense] / $500 [third offense]
• Curfew Violation = $144 [For first offense only. Additional citations require a court appearance]
• False Alarm Violation = $144 [For first offense only. Additional citations require a court appearance]
• Fireworks Violation = $115
• Littering = $87
• Noise Violation (Residence/business) = $144 [For first offense only. Additional citations require a court appearance]
• Open Container / Glass Container = $60
• Panhandling = $58
• Parking in Handicapped Zone = $115 (O.C.G.A. § 40-6-226)
• Pedestrian in Roadway = $144 (O.C.G.A. § 40-6-96)
• Pedestrian Under Influence = $200 (O.C.G.A. § 40-6-95) [changed 7/18/08]
• Posting Handbills = $58
• Public Intoxication = $200 [changed 7/18/08]
• Riding Bicycle on Sidewalk = $35
• Smoking in Prohibited Location = $50 [first offense] / $100 [second offense]. Additional citations require a court appearance.]
• Striking Fixed Object = $230
• Striking Unattended Vehicle = $230 (O.C.G.A. § 40-6-271)
• Urinating in Public = $200 [changed 7/18/08]
• Vehicle Noise Violation = $144 [For first offense only. Additional citations require a court appearance]

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YOUR RIGHT TO AN ATTORNEY
You have a right to counsel in connection with your charges in Municipal Court. The Western Judicial Circuit Public Defender Office represents persons who cannot afford an attorney. However, the Public Defender Office provides representation only for certain serious offenses in Municipal Court (including DUI, Possession of Marijuana, Theft by Shoplifting, Suspended License, Fleeing/Attempting to Elude, Racing, Leaving the Scene of an Accident (OCGA § 40-6-270), Underage Possession of Alcohol, Sale of Alcohol to Person under 21, Unlawful/Fictitious Use of License (OCGA § 40-5-120 and § 40-5-125).

The Public Defender represents only those persons whose income falls below a certain level. If you believe you would qualify for representation by the Public Defender, you must go to the office of the Public Defender, located at 160 East Washington Street, make application and be interviewed. If you do not qualify for representation by the Public Defender, you should make arrangements to hire a lawyer.

If you have not had an opportunity to hire a lawyer before your court date, you must come to court on your court date and ask the Judge for more time to hire a lawyer.

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REQUESTING A TRIAL
At trial, the State has the burden to prove you guilty beyond a reasonable doubt. To have a trial, you must attend court on your court (arraignment) date and plead NOT GUILTY. Your trial will not be held on your arraignment date but will be scheduled for a later date.

If you are charged with a state misdemeanor violation, you have a right to a jury trial. If you want a trial by jury, your case will be transferred from Municipal Court to the State Court of Athens-Clarke County. When you request a jury trial, you will be given a written notice of your new court date (which will be an initial appearance, not a trial date) in State Court.

Otherwise, your trial will be a bench trial before the judge of Municipal Court. When you plead not guilty you will be given a written notice to return to court for your trial. If you want any witness to appear at your trial you must request a subpoena for that witness.

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PLEADING GUILTY OR NOLO CONTENDERE
You may plead GUILTY or NOLO CONTENDERE and be subject to a fine of up to $1000 and incarceration of up to 12 months (state law violations) or a fine of up to $1000 and 6 months incarceration (ordinance violations) or any combination of fine and incarceration. Probation may be ordered instead of incarceration.

When you Plead Guilty to a traffic offense: If you plead guilty to a traffic offense, points may be assessed on your license. A guilty plea to a moving violation will be reported to the Department of Motor Vehicle Safety (DMVS) as required by law, and the guilty plea will appear on your driving record.

Pleading Nolo Contendere to a traffic offense: You may plead nolo contendere (“no contest”) to a traffic offense, but only if you have not entered a nolo contendere plea to another traffic offense in the last five years. The judge has discretion whether to accept a nolo contendere plea. A nolo contendere plea to a moving violation will be reported to DMVS as required by law, and the nolo contendere plea will appear on your driving record. The difference between a nolo plea and a guilty plea is that a nolo plea does not result in points against your license. However, since you are allowed only one nolo plea every five years, if you plead nolo to this citation and you have another nolo on your record from the last five years, DMVS will consider this nolo contendere plea a guilty plea and points may be assessed against your license. Remember: if you enter a nolo contendere plea, you can not plead nolo again to any traffic violation for the next five years.

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CITATIONS ISSUED BY THE COMMUNITY PROTECTION DIVISION
If you received a citation issued by the Community Protection Division, your court date will be on a Friday at 9:00 a.m.

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CAMERA RED LIGHT CITATIONS
If you receive by first class mail a citation under O.C.G.A. § 40-6-20 for disobeying a traffic control device as recorded on an image by a traffic-control signal monitoring device (a "Camera Red Light" citation), the civil penalty is $70. This civil penalty DOES NOT APPEAR as a conviction on your criminal record and NO POINTS are assessed against your driver’s license. This penalty also may not be considered for motor vehicle insurance purposes.

Your citation will notify you of a court date. Under the law, if you fail to pay the civil monetary penalty or fail to contest liability in a timely manner you give up any right to contest liability and a civil monetary penalty will be imposed which may be collected by any means allowable under the law.

If you were not the driver of the vehicle shown on the recorded image, you may contest liability by:

• 1) Testifying under oath in open court that you were not the operator of the vehicle at the time of the alleged violation;
• 2) Presenting to the court no later than 12:00 Noon on your Court date (which appears on the citation) a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation; or
• 3) Submitting to the court no later than 12:00 Noon on your Court date (which appears on the citation) a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation

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