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Georgia Tightens Restrictions on Law Enforcement Agencies Running Speed Traps

Posted by Sean A. Black | Jul 07, 2015 | 0 Comments

For some time, Georgia has had a method to cause a review of a law enforcement agency of a local government or college or university for excessive enforcement of the speed laws.  The idea is that some agencies police for profit, handing out loads of tickets in order to boost revenue.  

OCGA 40-14-11 is intended to discourage such practices.  Complaints can be made to the Department of Drivers Services.  If the complaint is substantiated according to the standards of the statute, then the agency's permit to operate speed detection equipment can be revoked or suspended.  

Prior to the law change, there was a presumption that the agency was using its speed detection equipment for purposes other than proper law enforcement if the fines levied for speeding offenses were 40% or greater of the agency's annual budget.

The 2015 amendment lowers the percentage from forty (40%) percent to thirty-five (35%) percent.  

It also requires that fines collected for "Too Fast for Conditions" (OCGA 40-6-180) be included in the speeding fine revenue, but allows the exclusion of speeding ticket revenue for speeding offenses exceeding 20 miles per hour.    The inclusion of Too Fast for Conditions revenue is intended to capture agencies that attempt to get around the law by charging a lesser offense.  

SB 134 -- 2015-2016 Session

About the Author

Sean A. Black

Sean A. Black is a 1992 graduate of the Emory University School of Law. He has been in private practice in Toccoa, Georgia since June 1, 1992.

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