Key Takeaways
Georgia's Super Speeder Law (O.C.G.A. § 40-6-189(b)) imposes an additional $200 surcharge on drivers convicted of 75+ mph on two-lane roads or 85+ mph anywhere, with automatic license suspension for non-payment within 120 days. South Carolina has no equivalent law but treats excessive speeding as reckless driving (S.C. Code § 56-5-2920). Speeding violations establish negligence per se in injury claims under both states' modified comparative fault rules.
Georgia’s Super Speeder Law imposes severe additional penalties on drivers caught traveling at excessive speeds. While any speeding ticket carries fines and potential points on your license, a Super Speeder designation triggers an extra $200 state fee that many drivers do not learn about until after their court date — and failure to pay results in automatic license suspension. For car accident victims in Georgia and South Carolina, understanding speeding laws is equally important because a speeding driver who causes a collision may face both criminal penalties and civil liability for injuries. The legal doctrine of negligence per se means that violating a speeding law can establish automatic fault in a personal injury claim.
What Is a Super Speeder in Georgia?
Georgia’s Super Speeder Law (O.C.G.A. § 40-6-189(b)) was enacted in 2010 to target the most dangerous speeding behavior on state roads. Under this law, a driver is classified as a “Super Speeder” when convicted of traveling:
- 75 mph or faster on a two-lane road or highway, or
- 85 mph or faster on any road or highway in Georgia, regardless of the number of lanes
The designation applies automatically upon conviction — it is not a separate charge filed by the officer. The Super Speeder surcharge is assessed by the Georgia Department of Driver Services (DDS) after the conviction is reported, meaning many drivers receive an unexpected notice in the mail weeks after paying their original speeding fine.
The law was specifically designed to fund Georgia’s trauma care network. Approximately 66% of trauma patients treated at Georgia hospitals are victims of motor vehicle collisions, and the revenue from Super Speeder fines helps fund the emergency medical infrastructure that treats these patients. Georgia averages roughly one speed-related traffic fatality per day, underscoring the public safety rationale behind the enhanced penalties.
How the Super Speeder Law Works
The Super Speeder process follows a specific sequence that catches many drivers off guard:
- Traffic stop and citation: A law enforcement officer issues a standard speeding ticket. The ticket itself does not mention Super Speeder status.
- Court disposition: The driver pleads guilty, nolo contendere, or is found guilty at trial. Some drivers pay the fine online without appearing in court, which constitutes a guilty plea.
- Conviction reported to DDS: The court reports the conviction to the Georgia Department of Driver Services.
- DDS assesses Super Speeder fee: DDS reviews the conviction and, if the speed qualifies, sends a notice of the $200 Super Speeder fee to the driver’s address on file.
- 120-day payment window: The driver has 120 days from the date of the notice to pay the $200 fee.
- License suspension if unpaid: Failure to pay within 120 days results in automatic license suspension.
This two-step process — where the original court fine and the Super Speeder fee are assessed separately — is what makes the law particularly punishing. Drivers who believe they have resolved their speeding ticket by paying the court fine often do not realize they owe an additional $200 to DDS until they receive a suspension notice.
Penalties and Fines for Super Speeder Convictions
The total financial impact of a Super Speeder conviction extends well beyond the $200 surcharge. Here is what a typical Super Speeder case costs in Georgia:
| Penalty Component | Typical Cost | Notes |
|---|---|---|
| Base speeding fine | $150–$500+ | Set by local court; varies by jurisdiction and speed |
| Court costs and fees | $50–$200 | Administrative fees assessed by the court |
| Super Speeder surcharge | $200 | Assessed by DDS after conviction |
| License reinstatement fee | $50 | Only if license is suspended for non-payment |
| Insurance increase | $500–$2,000+/year | Rate increases typically last 3-5 years |
| Points on license | 2-6 points | Depends on speed over limit; 15 points = suspension |
A single Super Speeder conviction can cost a driver $3,000 to $10,000 or more over the following years when insurance premium increases are included. For commercial drivers holding a CDL, the consequences are even more severe — speeding 15 mph or more over the limit in a commercial vehicle is a serious traffic violation under federal regulations, and two serious violations within three years triggers a 60-day CDL disqualification.
License Suspension and Reinstatement
If you fail to pay the $200 Super Speeder fee within 120 days of the DDS notice, your Georgia driver’s license is automatically suspended. Reinstatement requires:
- Payment of the original $200 Super Speeder fee
- Payment of a $50 license reinstatement fee to DDS
- Completion of any other outstanding requirements (such as paying the original court fine if still unpaid)
Driving on a suspended license in Georgia is a misdemeanor criminal offense (O.C.G.A. § 40-5-121) that carries penalties of up to $1,000 in fines and up to 12 months in jail for a first offense. Repeat offenses carry mandatory minimum jail sentences. If you are involved in a car accident while driving on a suspended license, the suspension can be used as evidence of negligence and may affect your ability to recover compensation for your own injuries.
How to Pay the Super Speeder Fee
Georgia DDS accepts Super Speeder payments online through the DDS website, by mail with a check or money order, or in person at a DDS Customer Service Center. Payments must be received — not just postmarked — within the 120-day window. Drivers who have moved and not updated their address with DDS may never receive the notice, but the suspension still takes effect.
Out-of-State Drivers and the Super Speeder Law
Georgia’s Super Speeder Law applies equally to out-of-state drivers convicted of qualifying speeding offenses on Georgia roads. If you are a South Carolina resident, tourist, or commercial driver passing through Georgia, the same $200 surcharge and 120-day payment requirement apply.
For out-of-state drivers who fail to pay:
- Georgia suspends your privilege to drive in Georgia (even though it cannot suspend your home state license)
- Georgia notifies your home state through the Driver License Compact, and most states — including South Carolina — take reciprocal action
- South Carolina may suspend your SC license based on Georgia’s notification, creating a dual-state problem
- Driving through Georgia with a suspended Georgia driving privilege is a criminal offense
Excessive Speeding Laws in South Carolina
South Carolina does not have an equivalent “Super Speeder” law, but the state imposes its own significant penalties for excessive speeding:
- Reckless driving (S.C. Code § 56-5-2920): Driving at a speed or in a manner that endangers persons or property is classified as reckless driving. While South Carolina does not set a specific speed threshold, courts routinely treat speeds of 25+ mph over the limit as reckless driving. A first offense carries a fine of $25-$200 or up to 30 days in jail.
- Racing on highways (S.C. Code § 56-5-2190): Engaging in speed competitions on public roads carries enhanced penalties including fines up to $200, up to 30 days in jail, and potential vehicle impoundment.
- Points system: South Carolina assesses points for speeding convictions — 2 points for 10 mph over, 4 points for 10-25 mph over, and 6 points for 25+ mph over. Accumulating 12 or more points triggers license suspension.
- Insurance consequences: South Carolina insurers use a surcharge system where speeding convictions result in percentage-based premium increases that last for three years from the conviction date.
| Factor | Georgia | South Carolina |
|---|---|---|
| Super Speeder law | Yes — $200 surcharge at 75+ on 2-lane, 85+ anywhere | No equivalent law |
| Reckless driving speed threshold | No specific speed; officer discretion | No specific speed; typically 25+ over |
| Points for 25+ mph over limit | 6 points | 6 points |
| License suspension trigger | 15 points in 24 months | 12 points in 24 months |
| Statute of limitations (injury claim) | 2 years (O.C.G.A. § 9-3-33) | 3 years (S.C. Code § 15-3-530) |
| Comparative fault rule | Less than 50% at fault (O.C.G.A. § 51-12-33) | Less than 51% at fault |
How Speeding Affects Personal Injury Claims
When a speeding driver causes an accident, the speed violation has significant implications for personal injury claims in both Georgia and South Carolina:
Negligence Per Se
In both states, violating a traffic law such as a speed limit constitutes negligence per se — meaning the violation itself establishes the duty and breach elements of a negligence claim. A Super Speeder conviction or any speeding ticket creates strong evidence that the at-fault driver was negligent, simplifying the burden of proof for the injured victim.
Increased Damages
Higher speeds produce more violent collisions and more severe injuries. Physics dictates that kinetic energy increases with the square of velocity — a vehicle traveling at 85 mph carries roughly three times the kinetic energy of one traveling at 50 mph. This explains why speeding accidents disproportionately result in traumatic brain injuries, spinal cord injuries, burn injuries, and wrongful death.
Comparative Fault Defense
Insurance companies often argue that the injured party shares fault for an accident. In Georgia, you cannot recover if you are 50% or more at fault (O.C.G.A. § 51-12-33). In South Carolina, the threshold is 51%. When reconstruction evidence or a Super Speeder conviction proves the other driver was traveling at extreme speed, it becomes very difficult for the defense to shift significant fault to the victim.
Punitive Damages
Extreme speeding may support a claim for punitive damages in both states. If the speeding driver’s conduct rises to the level of willful misconduct, wantonness, or conscious indifference to consequences, punitive damages may be awarded. Georgia caps punitive damages at $250,000 in most cases (O.C.G.A. § 51-12-5.1), while South Carolina caps them at three times compensatory damages or $500,000, whichever is greater (S.C. Code § 15-32-530).
Accident Types Involving Speeding Drivers
Speeding is a contributing factor in many types of motor vehicle collisions handled by personal injury attorneys:
- Car accidents: Speeding reduces reaction time and increases stopping distance, making rear-end, intersection, and head-on collisions more likely and more severe.
- Truck accidents: Commercial trucks require 20-40% more stopping distance than passenger vehicles. A speeding truck is an extraordinarily dangerous force on the highway.
- Motorcycle accidents: Speed differential between motorcycles and other vehicles is a leading cause of fatal motorcycle crashes in both Georgia and South Carolina.
- Pedestrian accidents: A pedestrian struck by a vehicle at 40 mph has an 85% chance of death, compared to a 10% chance at 20 mph. Speeding in pedestrian zones is especially dangerous.
- Bicycle accidents: Cyclists are vulnerable to severe injury when struck by speeding vehicles, particularly on roads without dedicated bike lanes.
- Boating accidents: Excessive speed on Georgia and South Carolina waterways causes collisions, ejections, and drownings, with similar negligence principles applying.
How a Personal Injury Lawyer Can Help
If you have been injured by a speeding driver in Georgia or South Carolina, an experienced personal injury attorney can use the driver’s speeding violation — including a Super Speeder conviction — as powerful evidence to support your claim. Your lawyer will obtain the police report, traffic citation records, and any available dashcam or surveillance footage to establish the at-fault driver’s excessive speed.
At Roden Law, our car accident lawyers represent injury victims across Georgia and South Carolina on a contingency fee basis — you pay nothing unless we win your case. If a speeding driver caused your injuries, contact Roden Law for a free consultation or call 1-844-RESULTS.
Frequently Asked Questions
Under Georgia's Super Speeder Law (O.C.G.A. § 40-6-189(b)), a driver convicted of traveling 75 mph or faster on a two-lane road or 85 mph or faster on any road is classified as a Super Speeder and must pay an additional $200 state surcharge on top of the original speeding fine and court costs.
If you fail to pay the $200 Super Speeder fee within 120 days of the Georgia DDS notice, your driver's license is automatically suspended. Reinstatement requires paying the original $200 fee plus a $50 reinstatement fee. Driving on a suspended license is a misdemeanor under O.C.G.A. § 40-5-121.
No. South Carolina does not have a Super Speeder equivalent. However, excessive speeding may be charged as reckless driving under S.C. Code § 56-5-2920, which carries fines up to $200 or 30 days in jail for a first offense. Speeds of 25+ mph over the limit are routinely treated as reckless driving.
Yes. Georgia's Super Speeder Law applies equally to out-of-state drivers. If you fail to pay the $200 fee, Georgia suspends your privilege to drive in the state and notifies your home state through the Driver License Compact, which may result in your home state taking additional action against your license.
A Super Speeder conviction or any speeding ticket can establish negligence per se in a personal injury claim, meaning the traffic violation automatically proves the duty and breach elements of negligence. This creates strong evidence supporting the injured victim's claim for damages.
Potentially yes. If the speeding driver's conduct rises to willful misconduct or conscious indifference to consequences, punitive damages may be available. Georgia caps punitive damages at $250,000 in most cases (O.C.G.A. § 51-12-5.1), while South Carolina caps them at three times compensatory damages or $500,000 (S.C. Code § 15-32-530).
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