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Athens-Clarke County Municipal Court Information

Judicial > Municipal Court

Updated 3/29/10

Municipal Court Online PaymentsPay Municipal Court fines online or by phone toll-free at
1-800-701-8560.

PLEASE ALLOW 5 BUSINESS DAYS FROM ISSUE DATE OF CITATION
TO MAKE PAYMENT

Note: Parking tickets issued by Downtown Athens Parking System (DAPS) cannot be paid through this system, but can be paid through the DAPS Web site.

what CHARGES REQUIRE A COURT APPEARANCE?

The following types of cases require you to appear in court on your court date:

Aggressive Driving 40-6-397
Curfew Violation (2nd & subsequent violations)  3-16-3*, 3-16-4*
Disorderly Conduct  3-5-1*
Driving on Suspended or Revoked License  40-5-121 
Driving While Not Insured  40-6-10 
Driving While Unlicensed  40-5-20 
DUI (Driving Under the Influence)  40-6-391 
Exceeding Speed Limit in Designated Highway Work Zone  40-6-188 
Failure to Move over for Emergency Vehicle  40-6-16 
Fake ID 3-3-23
False Alarm Violation (2nd & subsequent violations)  3-6-3, 3-6-4
Fleeing / Attempting to Elude 40-6-395 
Furnishing Alcohol to a Minor  6-3-5(1)*,
3-3-23.1(a)*
Hit and Run / Leaving the Scene of an Accident 40-6-270 
Illegal Discharge of Firearm  3-5-5*
Leaving the Scene of an Accident / Hit and Run 40-6-270 
Limited Permit Violation  40-5-64 
Noise Violation (Residence or Business) (2nd & Subsequent Violations)  3-5-24*
Noise Violation (Vehicle) (2nd & Subsequent Violations)  40-6-14 
Passing a Stopped School Bus  40-6-163 
Passing on a Curve/Hill (under-21 driver) 40-6-45
Possession of Marijuana  16-13-2, 16-13-30 
Racing  40-6-186 
Railroad Crossing Violation  40-6-140, 40-6-141 
Reckless Driving 40-6-390
Smoking in Prohibited Location (2nd & subsequent violations)  4-3-1*
Speeding - 24 miles per hour or more over  40-6-181 
Striking Fixed Object 40-6-272
Striking Unattended Vehicle 40-6-271
Theft by Shoplifting  16-8-14 
Underage Possession of Alcohol  3-3-23, 3-3-23.1
Unlawful Use of License 40-5-120, 40-5-125 

* - Indicates local Athens-Clarke County ordinance violations.

If you are charged with any offense listed above, you must come to court.

Other citations may also require a court appearance.

For most state law violations, the maximum sentence is 12 months in jail or on probation and a maximum fine of $1000.

For local ordinance violations, the maximum sentence is 6 months in jail or on probation and a maximum fine of $1000.

All fines are subject to surcharges or add-ons as required or authorized by law.

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What happens if I want to plead not guilty and have 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 Municipal Court non-jury (bench) trial will be scheduled for a later date.

If you change your mind and decide you do not want a trial, you may change your plea before your trial date but you must come in person to do so. If you fail to attend the trial as scheduled you will be subject to arrest and assessment of fees and court costs.

If you are charged with a state misdemeanor violation, you have a right to a jury trial. If you want a jury trial 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.

If you are found guilty at trial, your fine could be up to $1000 plus surcharges and you could be required to serve up to 12 months (state law violations) or 6 months (local ordinance violations) in jail or on probation. If you are sentenced to probation, you may also be required to pay a monthly probation supervision fee.

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how do i change a COURT DATE?

We will not reschedule your Municipal Court case for work or school. We will be glad to give you a written excuse to take to work or school.

For any other reason, you must come to the Clerk of Municipal Court's office before your first court date to request a court date change.

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What happens if I FAIL TO COME TO COURT?

If you fail to come to court on your court date and have not already paid your fine in full, you are subject to a late fee. If a warrant must be issued to bring you to court, you also are subject to warrant fees.

Failure to Appear - Motor Vehicle Citations
In addition to a late fee, if you fail to appear for a motor vehicle citation you are subject to arrest on a Failure to Appear Warrant. The court is required to notify the State of Georgia Department of Driver Services (DDS) of your failure to respond to the citation. DDS will suspend your driver's license or privilege to drive in Georgia until you respond and pay any fines and penalties imposed and show proof of payment and pay required license restoration fees.

Failure to Appear - Other Citations, Accusations or Orders
In addition to a late fee, if you fail to come to court for other citations or accusations, or as ordered, a bench warrant or contempt warrant will be issued and you may be assessed warrant fees and court costs. Your bond may be forfeited as well.

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What is my right to an attorney?

You have a right to be represented by a lawyer in connection with your charges in Municipal Court. You may hire an attorney of your choosing.

Also, the Western Judicial Circuit Public Defender Office represents persons who cannot afford an attorney. 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/ A ttempting to Elude, Racing, Leaving the Scene of an Accident, Underage Possession of Alcohol, Sale of Alcohol to Person under 21, Unlawful Use of License, Fake ID).

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. A $50 Public Defender application fee may be assessed pursuant to state and local law.

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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how do i PLEAD GUILTY OR NOLO CONTENDERE in court?

If you plead guilty or nolo contendere in court, your fine could be up to $1000 and you could be required to serve up to 12 months (state law violations) or 6 months (local ordinance violations) in jail or on probation. If you are sentenced to probation, you may also be required to pay a monthly probation supervision fee. View a list of charges that can be paid before your court date.

Pleading 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 Driver Services (DDS) 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 Department of Driver Services (DDS) 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, DDS 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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CAMERA RED LIGHT CITATIONS

If you receive by first class mail a citation under O.C.G.A. § 40-6-20(f) 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 your 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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