A common belief among Georgia drivers is that if you’re simply matching the speed of surrounding vehicles, you’re safe from a speeding ticket. After all, if everyone is going 80 mph on I-75, it can feel unreasonable to be singled out. However, this is a persistent myth. In Georgia, exceeding the posted speed limit is illegal-regardless of how fast the traffic around you is moving. Here’s what every driver should know about how the law actually works, the risks of relying on the “flow of traffic” excuse, and the possible consequences for your driving record and wallet.
Georgia’s Speed Limits: The Only Speed That Matters
Georgia law is clear: What is posted as the speed limit is the maximum lawful speed for that road. According to O.C.G.A. § 40-6-181, driving faster than the posted speed-even if you’re just keeping up with others-is a violation. Police officers have full authority to stop and ticket any driver exceeding the limit, no matter the flow of traffic.
Consequences for Speeding:
- Fines that increase with the severity of the violation (e.g., $25 for 5–10 mph over, up to $500 for 24–34 mph over).
- “Super Speeder” penalties: An additional $200 fee for anyone convicted of driving 75 mph or more on a two-lane road, or 85 mph or more on any road in Georgia.
- Accumulation of points on your driving record, which can lead to license suspension (15 points in 24 months equals suspension).
The “Flow of Traffic” Myth: Why It Doesn’t Work
Many drivers believe that police will overlook speeding if everyone is doing it. In reality, officers have discretion to pull over any vehicle exceeding the limit, and “everyone else was speeding” is not a legal defense. Georgia courts and law enforcement consistently reject this argument. The law holds each driver individually responsible for their speed.
Why the Myth Persists:
- It “feels” safer to drive at the same speed as surrounding cars.
- Drivers assume police can’t ticket everyone, so enforcement must be selective.
- There’s a mistaken belief (the subject of this post) that matching traffic flow is a valid legal defense.
But if you are the one pulled over, the fact that others were also speeding will not help your case in court.
Georgia’s “Super Speeder” Law: Even Harsher Penalties
Georgia’s Super Speeder law, in effect since 2010, was designed to crack down on the most dangerous speeders. If you’re convicted of driving 75 mph or more on a two-lane road, or 85 mph or more on any road, you’ll pay an extra $200 state fee on top of local fines. Failing to pay this fee will result in license suspension and an additional $50 fee.
This law was enacted because speed-related crashes are a major cause of fatalities in Georgia. The state uses these fees to help fund trauma care for crash victims.
Points and Insurance: The Hidden Cost of Speeding
Speeding tickets in Georgia aren’t just about paying a fine. Each violation adds points to your driving record:
- 2 points for 15–18 mph over the limit
- 3 points for 19–23 mph over
- 4 points for 24–33 mph over
- 6 points for 34+ mph over
If you accumulate 15 points in 24 months, then your license will be suspended. It is harsher for drivers under 21; just 4 points can trigger a suspension. Insurance companies also monitor your record and may raise your premiums after a speeding conviction.
Minimum Speeds and the “Slow Poke” Law
Georgia law also prohibits driving too slowly in a way that impedes the normal flow of traffic. The “Slow Poke” law (O.C.G.A. § 40-6-184) requires drivers in the left lane to move over if a faster vehicle approaches, except in specific circumstances (e.g., preparing to turn left, traffic congestion, inclement weather).
However, this law does not allow you to exceed the posted speed limit. If traffic is moving faster than the limit, you are still required to obey the law and drive at or below the posted speed, even in the left lane.
Defenses That Don’t Work-and What Might
Claiming you were “keeping up with traffic” is not a defense in Georgia courts. However, legitimate defenses to a speeding ticket might include:
- Faulty or improperly used speed detection equipment
- Obscured or missing speed limit signs
- Emergency situations that required brief speeding (e.g., medical emergencies)
If you believe your ticket was issued in error, consult a traffic attorney to explore your options.
The Bottom Line: DON’T EXCEED the Limit.
Georgia’s speeding laws are designed to protect everyone on the road. Matching the flow of traffic is not a legal excuse for speeding and will not shield you from a ticket, points, or increased insurance rates. The safest-and most legal-choice is to obey the posted speed limit, regardless of what other drivers are doing.
If you do receive a speeding ticket, don’t assume you’re out of options. Seek legal advice to understand your rights and the best way to protect your driving record.
Disclaimer
The information provided on this blog is for general informational purposes only and is not intended to serve as legal advice. While I am a paralegal, I am not a licensed attorney, and the content shared here should not be construed as such.
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