Georgia Super Speeder - Class Action

Graham Syfert is currently taking contact information from potential clients interested in Georgia Super Speeder representation.

If you are a resident of Florida, or any state other than Georgia, and have received a notice which states that your license may be suspended for a failure to pay an extra $200.00 on top of your traffic ticket, Mr. Syfert is currently putting together a list of clients for a possible class action suit against various entities within the State of Georgia.

The first thing you will need to do is visit https://www.foreclosurelawyerjacksonville.com/contact.php
 and enter your information.

Second, please gather the materials that you have collected (Your ticket, any letter or demand for payment provided by DDS) and provide it to Mr. Syfert at graham@syfert.com or fax it to 904-638-4726.  By submitting your information, no attorney client relationship exists, but attorney client confidentiality does.  This is not a guarantee that any case will even occur, but collection of this information is the first place to start.  Mr. Syfert intends to consult with other attorneys on this matter, and may enter into an agreement for joint representation with other counsel in these matters.

Of particular interest is anyone who actually had a license suspended due to a failure to pay the super speeder fine.  I would like to talk to a few people who had this happen.  Mr. Syfert is licensed only in Florida and Georgia, and cannot give you advice on how to challenge Georgia's suspension of the superspeeder law if you are the resident of another state.

I wrote an earlier blog post regarding the double jeopardy aspect of the Georgia Super Speeder law.  I hope to challenge this soon in a criminal matter.  While researching the matter of the constitutionality of the Super Speeder law, I came across something interesting.  The legal theory is still being developed, but I don't see any reason why it is not a good argument.

My Grandfather died on I-95 in South Georgia.  He is someone that could have benefited from the extra revenue the Georgia Super Speeder law (O.C.G.A. section 40-6-189) .   He would be rolling over in his grave if he knew that there was another fine on top of a fine that was already paid.

Georgia Super Speed Laws \ Georgia Super Speeder Laws

Georgia's legislature has decided to implement a Super Speeder Law (which means nothing but increased fines) and decided to launch this website for the occasion.  According to the simple terms of the website, any individual convicted of going more than 75 mph on a two lane road (regular highway) will see an increase of $200.00 over the local counties fines.  Any individual convicted of going more than 85 mph on an interstate will see an increase of $200.00 as well.

The odd language of the statute ( O.C.G.A. section 40-6-189) also states that "Such a driver, upon conviction, shall be classified as a "super speeder.""  What the purpose of this "classification" is at the moment is somewhat of a mystery, but perhaps it can cause increased insurance rates or special classifications at the Georgia Department of Driver Services, especially for drivers from other states. Without any sort of desire to punish this classification by including this language, the inclusion of the term "super speeder" would be similar to a murder statute ending with "And if a person is convicted under this statute, this person shall be classified as a MURDERER."

Georgia, unlike a number of other states, has lower rates than other surrounding states (such as my home state of Florida).  And Florida's $1000.00 speeding tickets (fees of which actually approach $1500.00) are still going strong.  However, 85 in a 70 mile per hour zone is only 15 mph over.  Our $1000.00 fines are for 50 mph over.  Oh, and also for having a wiggly license plate.

I have not heard horror stories of people convicted under the Super Speeder law yet, but from what I read, they will give you a citation which you will pay in a Georgia county.  If you decide to pay such ticket without hiring a lawyer or challenging it yourself in court, they will then send you a bill for $200.00.   If they truly implement this method of collecting a fee, it could be subject to constitutional challenge, as it may be considered to be Double Jeopardy.  (Conviction, Paid a Fine, and then Subjected to Another Fine) 

Here is the language of the new law:

§ 40-6-189.  (Effective January 1, 2010) Classification as super speeder; fees; funding for trauma care system.

   (a) As used in this Code section, the term "department" means the Department of Driver Services.

(b) In addition to any other fines or penalties imposed by any local jurisdiction or the department, the department shall administer and collect a fee of $200.00 from any driver who is convicted of driving at a speed of 85 miles per hour or more on any road or highway or 75 miles per hour or more on any two-lane road or highway, as defined in Code Section 40-6-187. Such a driver, upon conviction, shall be classified as a "super speeder."

(c) The department shall notify offenders of the imposition of a fee under this Code section within 30 days after receipt of a qualifying ticket and notice of conviction. Failure to pay the fee imposed by this Code section within 90 days after receipt of the notice shall result in the suspension of the driver's license or driving privileges of the offender, and, in addition to the existing fees and penalties, a fee of $50.00 shall be assessed, payable upon the application for reinstatement of the driver's license or driving privileges. Notice shall be provided by the department to the offender by first-class mail to the address shown on the records of the department. Such mailed notice shall be adequate notification of the fee imposed by this Code section and of the offender's ability to avoid a driver's license suspension by paying the fee prior to the effective date of the suspension. No other notice shall be required to make the driver's license suspension effective.

(d) The department shall be authorized to promulgate rules and regulations to implement the provisions of this Code section.

(e) All fees collected under the provisions of this Code section shall be deposited in the general fund of this state with the intent that these moneys be used to fund a trauma care system in Georgia and the direct and indirect costs associated with the administration of this Code section. The Office of Treasury and Fiscal Services shall separately account for all of the moneys received under the provisions of this Code section.