NOTICE AND PROCEDURE TO QUALIFY AS A FIRST TIME SPEEDING OFFENDER
O.C.G.A. §40-6-1 establishes a maximum speeding for first time speeding offenders charged under O.C.G.A. § 40-6-181. To qualify under this code section the current citation must be an individual's first speeding offense in his or her lifetime in any jurisdiction in any state or province. Any prior speeding offense, even in another state, that resulted in a final disposition of:
- entry of bond forfeiture,
- a plea of guilty,
- a plea of nolo contendere, or
- finding of guilty/conviction
disqualifies the person as a first offender.
Any individual eligible for treatment as a First Time Speeding Offender under O.C.G.A. § 40-6-1, must submit a 7 year Motor Vehicle Report that you can obtain through your local Department of Driver Services (or through their online wedsite) also must submit a sworn affidavit to the Court showing that the pending speeding citation is their first ever speeding offense. This First Time Speeding affidavit and Motor Vehicle Report will be necessary regardless of the manner of payment (mail, internet or personal appearance) chosen by the accused. It is a violation of the law in Georgia to submit a false affidavit in a Court of law and may result in the suspension of an individual's driving privileges. Any individual who fails to appear on their court date or dispose of their charge(s) prior to may be sent in as failure to appear and result in suspension of your driving license.
**Please find the affidavit in the Resource Library link.
Please read the notice for first offender for those who desire to complete the affidavit. Once you have completed the first-offender affidavit you will need to mail it to Clerk of State Court, PO Box 354, Tifton, GA 31793. Please note when completeing the form we will need your original signature and must be notarized. Once you have completed this form, and submitted your MVR, it must reach us within 30 days of you receiving the ticket. This will allow our office the opportunity to check your driving history which will determine your eligibility before your courtdate/due date.