Question:   I was stopped for speeding in Johns Creek and I was arrested for DUI.  The cop pulled me over and said I was going 18 miles over the speed limit.  When I spoke with him he smelled beer on my breath and finally arrested me for drunk driving.

To make a long story short, I was driving home after a concert in Alpharetta at the Verizon Wireless Amphitheatre.  I didn't have too much to drink at the concert but towards the end I had a few beers.  I was pulled over by the Johns Creek cop very soon after I stopped drinking.  I had a few big beers at the show.

When I got arrested he took me to the jail and I took a breath test.  The result was .142.  So I think I'm going to get a DUI.  It's not my first DUI charge, but the last one was about 8 years ago in another state.

But my question is about the speeding ticket.  I really don't want to get the speeding ticket points.  What can I do to not get points on my driver's license?

S.N. in Johns Creek, Georgia

Answer:   The best way to avoid points on your driver's license is to have the speeding charge dismissed.  If you are going to plead guilty to a DUI, then the prosecutor may be more willing to “drop” (“merge” or “nolle prosse”) the speeding charge.

Another possibility is to have the speed reduced.  If the prosecutor drops your speed to 14 miles per hour over the speed limit (instead of the 18 miles per hour over you are charged with), then you will not get points on your license.

You also may wish to explore a plea of "nolo contendere."  A nolo plea (or “no contest" plea) allows you to keep the points off your license.  You can only use a nolo once every five years in Georgia.

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