USER’S GUIDE

This manual is distributed in an effort to simplify the current statutes and departmental sanctions; and, to provide a quick reference for information that is needed on a continuing basis by the courts of this state. This publication has been structured to be objective as well as informative to assist the reader in finding related facts and procedures that currently guide this department. Please keep your previous manuals for reference purposes.

When you review the index, you will note that the page number references the offenses listed. This is to ensure easy access to the offense and all pertinent data related to the violation.

INDEX

Uniform Citation

Administrative Requirements............................................................................................... 5

Notice to Courts Reporting Convictions........................................................................... 6-8

Procedures for Changing or Modifying Sentences or Judgments........................................... 8

Report of Convictions......................................................................................................... 8

First Offender’s Act and Conditional Discharge............................................................. 8-10

Calculation of the “Period of Suspension”.......................................................................... 10

Special Section for Drivers Under 21 Years of Age.................................................. 11-15

Purchasing an Alcoholic Beverage..................................................................................... 12

Attempting to Purchase an Alcoholic Beverage............................................................ 13-14

Possession of an Alcoholic Beverage........................................................................... 14-15

Non-Commercial Driver’s License Suspensions and Revocations

Habitual Violator Declaration....................................................................................... 15-18

Mandatory Suspensions...................................................................................................... 18

Homicide by Vehicle (1^st Degree)............................................................................ 19

Serious Injury by Vehicle......................................................................................... 19

Any Felony in the Commission of which a Motor Vehicle is Used........................ 19-21

Unlawful or Fraudulent Use of a License or ID Card............................................ 19-21

Operating a Motor Vehicle with a Rev., Canc., or Susp. Registration 19-21

Racing on Highways or Streets........................................................................... 19-21

Hit & Run / Leaving the Scene of an Accident..................................................... 19-21

Homicide by Vehicle (2^nd Degree)...................................................................... 19-21

Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer 19-21

Driving Under the Influence (DUI)............................................................................... 21-28

Implied Consent Suspension......................................................................................... 28

Administrative License Suspension................................................................................. 29

Possession of Controlled Substance or Marijuana........................................................ 30-31

Gasoline Drive Off............................................................................................................ 32

H.O.V. Lane Violations.................................................................................................... 32

Suspended or Revoked License........................................................................................ 33

Insurance Suspensions................................................................................................. 33-35

Point Suspensions....................................................................................................... 35-39

Commercial Driver’s License

Disqualifications, Suspensions & Penalties.................................................................... 40-42

General Information

Failure to Appear Procedures...................................................................................... 43-46

Juvenile Court Procedures

Under Sixteen Years of Age (Controlled Substance and DUI).................................... 47

Juvenile Traffic Offenses...................................................................................... 48-49

Delinquent Offenses............................................................................................ 49-50

Miscellaneous Information.............................................................................................. 51-52

DS Forms........................................................................................................................... 53

Support of Court Functions.................................................................................................. 54

DDS Headquarters / Information & Location.................................................................... 55

New Laws (2004)......................................................................................................... 56-74

UNIFORM TRAFFIC CITATIONS

Administrative Requirements

Each citation should be checked for legibility and completeness of information as to the name, date of birth, address, driver’s license number and correct Code Section from the Official Code of Georgia Annotated for the charge made by the arresting officer (or the Code Section the person was convicted of violating); to include examination of the block checked for the type of driver’s license issued to the defendant (commercial or non-commercial) as well as the type of vehicle (commercial or non-commercial). If any blocks are incomplete or in error, please ensure that the correct information is placed on the citation before submitting for processing.

The following captions, which are listed on the back of the uniform citation, will be discussed in relation to the procedures that may be necessary for the court to document a traffic conviction.

Court Action and Other Orders

This section is provided to the courts to preserve information relating to the citation; to include the bond or cash deposit, as well as the court’s activity in processing the case toward arraignment and disposition.

Appearance, Plea of Guilty and Waiver

Adjudicated by Appearance in Court: If the defendant wishes to plead guilty in court, have the defendant sign the back of the “Court Copy” of the citation in the “Appearance, Plea of Guilty and Waiver” section in middle of the page. If the citation is not available at the time of adjudication, the court should provide a form, which encompasses these requirements, and obtain the defendant’s signature. This acknowledgment should be noted on the citation as “on file,” or a copy of the form attached to the citation submitted to the Department of Motor Vehicle Safety.

Adjudicated by Posting a Cash Bond: If the defendant does not make a court appearance, and has posted a cash bond, the defendant’s failure to appear shall be construed as an admission of guilt and the cash bond may be forfeited without the completion of a waiver of rights. In this case, fill out the back of the Court Copy and check “Bond Forfeiture” in the “disposition and sentence” section.

Disposition and Sentence

Each citation should be completed to convey the appropriate court, city, type of plea, sentence, and any other court order that may be warranted. This information is necessary for the entry of this conviction on the defendant’s driving record. Please do not substitute “court documents” or “court forms” such as sentencing sheets, etc. in lieu of filling out the disposition section on reverse. The back of the citation must be filled out before being sent to DDS for processing. Do not send in a sentencing sheet!

NOTE: The DDS copy of the citation OR a completed DS32C must be sent to DDS unless you are submitting the data by electronic means.

Notice to Courts Reporting Convictions

In order to properly process the convictions, the Code Section from the Official Code of Georgia Annotated for the offense the case was disposed under must be on the front of the citation.

If there is a change from the original Code Section charged, please draw a single line through the original violation and Code Section charged on the front of the citation and place the new charge and Code Section (the charge and Code Section which the defendant was convicted of) directly above the old one. Place your initials next to the changes.

In every charge of violation of any speed regulation, the summons, notice to appear or uniform traffic citation shall specify the speed at which the defendant is alleged to have driven and also the maximum speed applicable (O.C.G.A. §40-6-187). If the court finds a defendant guilty of speeding at a speed different than the one on the front of the citation, please draw a single line through the original speed on the front of the citation and write the speed at which the person was convicted above the original speed. In addition to the changes on the front of the citation, these changes can also be noted under disposition and sentence on the back of the citation. This notation should reflect the new charge and code section for which the defendant was convicted. Always fill out the “back” of the citation. Do not send in the sentencing sheet or other court documents in lieu of the citation or DS32C.

Surrender of License upon Conviction for Suspendable Offense

Whenever any person is convicted of any offense that will cause a suspension of the license, the convicting court shall require the surrender of any driver's license then held by the person so convicted. The court shall thereupon forward the same to the department, together with the uniform citation form, within ten days. – O.C.G.A. §40-5-53. The driver’s license, the driver’s license OR lost license affidavit (DS 250A) should be attached to the citation along with the form used to serve the suspension or revocation (such as the DS 1190). The conviction must be reported within ten (10) days of the disposition date. Even if the defendant appeals the case, the original conviction must still be reported within ten (10) days (Wells v. State, 212 Ga. App. 15; 440 S.E.2d 692 (1994).

Court Ordered Suspensions

If the court wishes to suspend the driver’s license as a condition of probation, the driver’s license or lost license affidavit should be attached to the citation. Please note that a court suspension of a driver’s license other than that which is mandated by statute must contain the following phrase:

“As a condition of probation, the driver’s license is suspended for a period of _________.” (Fill in the blank with the length of time you wish to suspend the license).”

This suspension will begin on the date of conviction, as well as the suspension (if any) generated by the Department. Therefore, if the court wishes to suspend the driver’s license beyond the suspension time mandated by statute, the suspension must be projected beyond the period of suspension that is mandated by law. The court ordered suspension is part of probation; therefore, it must not be ordered for a period longer than that which the defendant will be on probation. [Brock v. State, 165 Ga. App. 150, 299 S.E.2d 71 (1983)]

Please be mindful that the department cannot suspend a license unless a conviction is attached per [Brock v. State, 165 Ga. App. 150, 299 S.E.2d 71 (1983)] and O.C.G.A. §40-5-59(b).

The court should submit the conviction to the Department of Motor Vehicle Safety within 10 DAYS of the date of disposition. (O.C.G.A. §40-5-53) In the past, GSP citations were sent back to GSP for processing. This practice is no longer valid and ALL convictions (including GSP citations) should be sent directly to DDS for processing. Please mail the completed citations to the following address:

GEORGIA DEPARTMENT OF MOTOR VEHICLE SAFETY

DRIVER SERVICES DIVISION

PO BOX 80447

CONYERS, GA 30013-8047

If your court uses a delivery service other than the US Postal Service, please use this address:

GEORGIA DEPARTMENT OF MOTOR VEHICLE SAFETY

DRIVER SERVICES DIVISION

2206 EASTVIEW PKWY

CONYERS, GA 30013-5755

If the citation is lost or if there was no original citation for the charge use the DS32C form to send the conviction to DDS. If a warrant was issued for the traffic charge instead of a citation being written, you would also use the DS32C. Do not send a copy of the warrant. The court may submit as many DS32C’s as needed to report convictions, but ONLY ONE CONVICTION PER DS32C. Please do not make up a “court form” or send in the disposition/sentencing sheet, it will not be processed by DDS!

All drug convictions under O.C.G.A. §16-13-2 (b), O.C.G.A. §16-13-30 (a), (b), or (j), or O.C.G.A. §16-13-33 or O.C.G.A. §40-6-391 (a) paragraph (2), (3), (4), or (6), which are initiated by warrant or citation should be reported to this Department by submitting the citation or completing DS Form 1242, “Report of Conviction for Possession of Controlled Substances or Marijuana.” The completed DS Form 1242 and driver’s license, or lost license affidavit, if applicable, should be mailed directly to the Driver Services Division at DDS Headquarters. If the conviction is based upon a warrant, the warrant should not be attached to DS Form 1242.

Do Not Report: (Do not send any paperwork to DDS in reference to these violations.)

Those cases which have been Nolle Prossed, Reduced to a Warning, Dismissed, Voided, Dead Docketed, or any conviction that DOES NOT relate to the operation of a motor vehicle, UNLESS the conviction for the non-traffic offense will generate a suspension of the person’s driver’s license or privilege to drive. If the conviction generates a suspension, it must be reported to DDS. [Salomon v. Earp, 190 Ga. App. 405 (1989)]

Procedures for Changing or Modifying Sentences or Judgments

O.C.G.A. §40-13-32 and O.C.G.A. §40-13-33 will be strictly enforced.

Any change the court desires can be made within 90 days of the disposition. If the change requested is after 90 days and before 180 days from the date of the original disposition, the procedures outlined in O.C.G.A. §40-13-32 must be followed and proof must be submitted to the department before any change to the record will be considered. If the challenge is filed after 180 days of the conviction date, O.C.G.A. §40-13-33 will apply and the record will NOT be changed. However, if the records of our department do not reflect the judgment rendered at the time of the original disposition due to a clerical error, no time limits apply and any changes necessary to reflect the true and accurate judgment at the time of disposition can be made.

NOTE: A notice of appeal does not stay the actions of our department. If the defendant appeals the conviction, the conviction in your court is still required to be reported to our department within ten days [Wells v. State, 212 Ga. App. 15; 440 S.E.2d 692 (1994)]. If the conviction is overturned on appeal, our department can then amend the defendant’s record.

Report of Convictions

Traffic

Upon adjudication of the case, the court must report the conviction to DDS WITHIN 10 DAYS. Either transmit within 10 days or mail convictions to the department within 10 days to:

GEORGIA DEPARTMENT OF MOTOR VEHICLE SAFETY

DRIVER SERVICES DIVISION

PO BOX 80447

CONYERS, GA 30013-8047

Citations written by the Georgia State Patrol are no longer treated differently. ALL reportable convictions should be sent directly to the Department of Motor Vehicle Safety at the address above.

First Offender’s Act (Traffic Cases): It is evident that this plea has been requested by numerous defendants to curtail any administrative action by this department in the suspension of their license. The acceptance of this plea by the court may reduce the penalty prescribed by the statute for the offense; however, it should be noted that this plea will not prohibit the Department from executing those administrative sanctions prescribed by law. [Salomon v. Earp, 190 Ga. App. 405; 379 S.E.2d 217; 1989 and O.C.G.A. § 40-6-391(f).]

If a suspendable traffic offense is reported to DDS with a disposition of “First Offender”, the driver’s license will be suspended or revoked, depending upon the violation.

First Offender’s Act (Drug Cases)

A court granting this plea to a defendant will not be required to report this conviction to this Department unless the court wants the suspension of the defendant’s driver’s license to be a part of the probation issued by the judge [Priest v. State, 261 Ga. 651 (1991)]; or the conviction was obtained under O.C.G.A. §40-6-391 (a) (2), (a) (3), (a) (4), or (a) (6). (DUI of drugs is considered a traffic case and must be reported to DDS even if the licensee is given first offender treatment.)

Conditional Discharge – O.C.G.A. §16-13-2(a)

Ø Who qualifies for a Conditional Discharge?

Any person who has not previously been convicted of any offense under Article 2 or Article 3 of Chapter 13 of Title 16 or of any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs. Discharge and dismissal under this Code section may occur only once with respect to any person.

Ø What is the process?

The defendant pleads guilty to or is found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug. The court, without entering a judgment of guilt and with the consent of such person, defers further proceedings and places him or her on probation upon such reasonable terms and conditions as the court may require, preferably terms which require the person to undergo a comprehensive rehabilitation program, including, if necessary, medical treatment, not to exceed three years. DO NOT REPORT this action to our department. The defendant has been placed on probation and the proceedings have been deferred; therefore, there is no FINAL disposition.

TWO POSSIBLE PATHS

1) Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed accordingly. The conviction should then be reported to our department using either the uniform traffic citation or DS1242. The disposition would either be “Pled Guilty” or “Found Guilty”. The defendant’s license and/or privilege to drive will then be suspended by operation of law.

2) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

The charge has been dismissed; therefore, DO NOT REPORT THE DISMISSAL TO OUR DEPARTMENT.

______________________________________________________________________________

CALCULATION OF THE “PERIOD OF SUSPENSION”

(EFFECTIVE FOR DISPOSITIONS ON OR AFTER JULY 1, 2004)

If a person is convicted of an offense for which Georgia law requires a suspension or revocation of the person’s license or privilege to drive, the actual suspension of the license and/or privilege starts at the time of the conviction.

For purposes of reinstatement, the period of revocation or suspension shall begin on the date the license is surrendered to the department or a court of competent jurisdiction or on the date that the department processes the citation or conviction, whichever date shall first occur.

If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit by the department shall be controlling.

For purposes of reinstatement of the person’s license or privilege to drive, the date on which the “suspension time” starts will be the earliest of the following:

ü Conviction date if the license was surrendered to the court at the time of conviction.

In this event, the person surrendered their most recently issued license or submitted a lost license affidavit to the court on the date of disposition.

Therefore, the person’s “suspension time” to apply for reinstatement begins on the date of conviction.

ü Surrender date of the license after conviction and prior to processing by DDS.

In this event, the person did not surrender their most recently issued license and did not submit a lost license affidavit to the court on the date of the disposition. The person did, however, surrender their most recently issued license or the person submitted to DDS a lost license affidavit AFTER the date of conviction and PRIOR to the date on which DDS processed the citation or conviction and placed it on the record.

Therefore, the person’s “suspension time” to apply for reinstatement begins on the date the person surrendered their most recently issued license or lost license affidavit to DDS.

ü Process date by DDS of the citation or conviction.

In this event, the person did not surrender their most recently issued license and did not submit a lost license affidavit to the court on the date of the disposition. DDS has processed the citation or conviction and placed it on the record. The person has not surrendered their most recently issued license and has not submitted a lost license affidavit to DDS.

Therefore, the person’s “suspension time” to apply for reinstatement begins on the date DDS processed the citation or conviction.

Whichever ONE of the three events listed above that occurs FIRST will determine the date the “suspension time” begins.

SPECIAL SECTION FOR DRIVERS UNDER 21 YEARS OF AGE

O.C.G.A. §40-5-57.1

Several of the offenses listed in this section will suspend the driver’s license of a person 21 years of age or older. Those offenses will be covered in later sections. The offenses listed in this section have a different effect when committed by those defendants that were under 21 years of age at the time of conviction. Effective July 1, 2001, the driver’s license of any person under 21 years of age shall be suspended if convicted before their 21^st birthday of any of the following:

1. Hit and run or Leaving the scene of an accident (O.C.G.A. §40-6-270);

2. Racing on highways or streets (O.C.G.A. §40-6-186);

3. Using a motor vehicle in fleeing or attempting to elude an officer (O.C.G.A. §40-6-395);

4. Reckless driving (O.C.G.A. §40-6-390);

5. Any offense for which four or more points are assessable under O.C.G.A. §40-5-57 (c);

a) Improper passing on a hill or a curve [O.C.G.A. §40-6-45 (a) (1)];

b) Unlawful passing of a school bus (O.C.G.A. §40-6-163);

c) Exceeding the speed limit by 24 mph or more (O.C.G.A. §40-6-181); or

d) Aggressive driving (O.C.G.A. §40-6-397);

6. Purchasing an alcoholic beverage [O.C.G.A. §3-3-23 (a) (2)];

7. Misrepresenting age for purpose of illegally obtaining any alcoholic beverage

[O.C.G.A. §3-3-23 (a) (3)];

8. Misrepresenting identity or using false identification for purpose of purchasing or obtaining any alcoholic beverage [O.C.G.A. §3-3-23 (a) (5)];

9. Driving under the Influence (O.C.G.A. §40-6-391)

Effective January 1, 2002: The driver’s license of any person under 18 years of age who has accumulated a violation point count of four or more points in any consecutive 12 month period shall be suspended by the department as provided by this Code section.

A plea of nolo contendere shall be considered a conviction. Upon conviction, the court should serve the defendant with the suspension of their license using the DS 1190 form and take possession of the license or complete a lost license affidavit (DS 250A). The license or lost license affidavit and the service form should be submitted along with the citation to this department.

First Suspension While Under 21 Years of Age

First Suspension for any of the Non-DUI Offenses: License is suspended for six months. After six months the licensee may apply for reinstatement of the driver’s license after submitting an original certificate of completion of a Defensive Driving program approved by the Department of Motor Vehicle Safety (plus Risk Reduction if ordered by the court) and paying a fee of $210 ($200 if applied for by mail). If submitted by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182. The licensee is subject to the examination requirements of O.C.G.A. §40-5-27.

First Suspension for DUI and alcohol concentration is under 0.08 grams OR no test was given (If the test was refused, see page 28.) OR the test was suppressed: License is suspended for twelve months. No limited permits are available. After six months the licensee may apply for reinstatement of the driver’s license after submitting an original certificate of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying a fee of $210 ($200 if applied for by mail). If submitted by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182. The licensee shall, as an additional prerequisite for license reinstatement, be required to successfully recomplete the examination requirements of O.C.G.A. §40-5-27.

First Suspension for DUI and alcohol concentration is 0.08 grams or more: License is suspended for twelve months. No limited permits are available. After twelve months the licensee may apply for reinstatement of the driver’s license after submitting an original certificate of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying a fee of $210 ($200 if applied for by mail). If submitted by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182. The licensee shall, as an additional prerequisite for license reinstatement, be required to successfully recomplete the examination requirements of O.C.G.A. §40-5-27.

Second or Subsequent Suspension While Under 21 Years of Age

(Three convictions within five years of offenses listed under O.C.G.A. §40-5-54 and/or O.C.G.A. §40-6-391 through O.C.G.A. §40-6-395 will cause the licensee to be declared a Habitual Violator under O.C.G.A. §40-5-58 and O.C.G.A. §40-5-63.)

Second or Subsequent Suspension for any of the Non-DUI Offenses: License is suspended for twelve months. After twelve months the licensee may apply for reinstatement of the driver’s license after submitting an original certificate of completion of a Defensive Driving program approved by the Department of Motor Vehicle Safety (plus Risk Reduction if ordered by the court) and paying a fee of $210 ($200 if applied for by mail). If submitted by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182. The licensee is subject to the examination requirements of O.C.G.A. §40-5-27.

Second Suspension for DUI: The procedure is basically the same as for adults except:

The licensee shall, as an additional prerequisite for license reinstatement, be required to successfully recomplete the examination requirements of O.C.G.A. §40-5-27.

The licensee’s photograph will not be published.

Third Suspension for DUI: The procedure is basically the same as for adults except:

The licensee shall, as an additional prerequisite for license reinstatement, be required to successfully recomplete the examination requirements of O.C.G.A. §40-5-27.

The licensee’s photograph will not be published.

Alcohol Related Offenses for

Persons Under 21 Years of Age

For all convictions under O.C.G.A. §3-3-23, the court may order the person to complete a DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources within 120 days of such conviction or sentence. For those offenses requiring revocation or suspension, service should be completed on DS 1190. The DS 1190 should state if the individual was convicted of purchasing, attempting to purchase, or possessing alcohol while operating a motor vehicle.

O.C.G.A. §3-3-23(a)(2)

“No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage.”

PURCHASING AN ALCOHOLIC BEVERAGE

Purchasing an alcoholic beverage by a person under 21 years of age.

O.C.G.A. §40-5-57.1

A plea of nolo contendere shall be considered a conviction.

First Conviction while under 21 years of age: License is suspended for six months. After six months the licensee may apply for reinstatement of the driver’s license after submitting an original certificate of completion of a Defensive Driving program approved by the Department of Motor Vehicle Safety (plus Risk Reduction if ordered by the court) and paying a fee of $210 ($200 if applied for by mail). If submitted by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182. The licensee is subject to the examination requirements of O.C.G.A. §40-5-27.

Second or Subsequent Conviction while under 21 years of age: License is suspended for twelve months. After twelve months the licensee may apply for reinstatement of the driver’s license after submitting an original certificate of completion of a Defensive Driving program approved by the Department of Motor Vehicle Safety (plus Risk Reduction if ordered by the court) and paying a fee of $210 ($200 if applied for by mail). If submitted by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182. The licensee is subject to the examination requirements of O.C.G.A. §40-5-27.

ATTEMPTING TO PURCHASE AN ALCOHOLIC BEVERAGE

Attempting to purchase an alcoholic beverage by a person under 21 years of age.

O.C.G.A. §3-3-23.1 (b) (3)

O.C.G.A. §40-5-63 (f)

An accepted plea of nolo contendere will NOT result in a suspension of the license and should NOT be reported to this department.

First Conviction: License will be suspended for six months. After six months the licensee may apply for reinstatement of the driver’s license upon payment of a restoration fee of $35 ($25 if reinstatement is applied for by mail) plus Risk Reduction if ordered by the court. If applying for reinstatement by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182.

Second or Subsequent Conviction: License will be suspended for one year. After one year the licensee may apply for reinstatement of the driver’s license upon payment of a restoration fee of $35 ($25 if reinstatement is applied for by mail) plus Risk Reduction if ordered by the court. If applying for reinstatement by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182.

POSSESSION OF AN ALCOHOLIC BEVERAGE

An accepted plea of nolo contendere will NOT result in a suspension of the license and should NOT be reported to this department.

Possession of an alcoholic beverage by a person under 21 years of age while operating a motor vehicle.

O.C.G.A. §40-5-63 (e)

Possession of alcoholic beverages by a person under 21 years of age while operating a motor vehicle should be reported to DDS. The license may be suspended for a minimum of 120 days. After 120 days the licensee may apply for reinstatement of the driver’s license after submitting to this Department an original certificate of completion of a Risk Reduction Program approved by the Department of Human Resources and paying a restoration fee of $35 ($25 if reinstatement is applied for by mail). If applying for reinstatement by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182.

Possession of an alcoholic beverage by a person under 21 years of age. (NOT DRIVING)

O.C.G.A. §3-3-23.1 (f)

An accepted plea of nolo contendere will NOT result in a suspension of the license and should NOT be reported to this department.

Possession of alcoholic beverages by a person under 21 years of age while person was not operating a motor vehicle in and of itself will not generate a suspension and should not be reported to this Department.

Exception: If the person was ordered to complete a DUI Alcohol or Drug Use Risk Reduction Program within 120 days and fails to do so, then only the "Court Order" should be sent to this Department. A suspension will be generated upon the receipt of the "Court Order" and the suspension will remain in force until the person has completed the course; and he or she has met all other requirements specified by this Department.

NON-COMMERCIAL DRIVER’S LICENSE

See Special Section for drivers under 21 years of age on Pages 11-14.

Habitual Violator Declaration

Convictions and/or nolo pleas to any three (singularly or in combination) of the following violations within a five-year period will cause the violator to be declared a Habitual Violator under O.C.G.A. §40-5-58.

1. Homicide by Vehicle (1^st Degree) [O.C.G.A. §40-6-393 (a) or (c)];

2. Homicide by Vehicle (2^nd Degree) [O.C.G.A. §40-6-393 (b)];

3. Any felony in the commission of which a motor vehicle is used;

4. Hit & Run – Leaving the scene of an accident (O.C.G.A. §40-6-270);

5. Racing on Highways or Streets (O.C.G.A. §40-6-186);

6. Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer (O.C.G.A. §40-6-395);

7. Unlawful or Fraudulent Use of a License or ID Card (O.C.G.A. §40-5-120 or O.C.G.A. §40-5-125);

8. Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration (O.C.G.A. §40-6-15);

9. Driving Under the Influence (O.C.G.A. §40-6-391);

10. Feticide by Vehicle (1^st Degree) [O.C.G.A. §40-6-393.1 (a) (1)];

11. Feticide by Vehicle (2^nd Degree) [O.C.G.A. §40-6-393.1 (b) (1)]; or

12. Serious Injury by Vehicle (O.C.G.A. §40-6-394)

Under O.C.G.A. §40-5-1, "Conviction" means a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a traffic violation charge, regardless of whether the sentence is suspended, probated, or rebated.

All judges of all courts having jurisdiction of the offenses listed above should, at the time of sentencing for a 1^st or 2^nd conviction, give notice to the defendant of the suspension of the defendant's driver's license (using the DS1190 form). The court should forward the notice of suspension and the defendant's driver's license to the department within ten days of the date of conviction.

Two previous convictions of those offenses listed above and a conviction of the current charge of one of these violations before the court will declare the defendant a habitual violator (O.C.G.A. §40-5-58). The court should perform declaration and service at the time of conviction using DS 1189 (HV Declaration and Service Form).

Note: Habitual Violator revocation will not age off until the licensee has paid a restoration fee of $210 ($200 if reinstatement is applied for by mail). A licensee who was declared a habitual violator because of three (3) or more DUI’s must attend a Drug or Alcohol course approved by the Department of Human Resources and pay a restoration fee of $210 ($200 if reinstatement is applied for by mail). If by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182.

A charge of “Felony with Vehicle” or “Habitual Impaired Driver” would not be an appropriate charge if the five-year revocation generated by this classification has expired. OCGA. §40-5-58.

Each accountable conviction will be based on a five-year period (within ten years for using a motor vehicle in fleeing or attempting to elude an officer) measured from the date of previous arrest for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained. Each conviction will be counted as a separate conviction for purposes of an HV declaration, even if they arose from the same occurrence or incident.

Probationary Licenses for Habitual Violators - O.C.G.A. §40-5-58

A person who has been declared a habitual violator and who has had his or her driver's license revoked for a period of five years and two years have expired since the date on which such person's license was surrendered or an affidavit was accepted as provided in subsection (e) of O.C.G.A. §40-5-61, such person may be issued a probationary driver's license for a period of time not to exceed three years upon compliance with the following conditions:

(A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license;

(B) Such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any provision of this chapter which resulted in the death or injury of any individual;

(C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the Department of Motor Vehicle Safety;

(D) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of Title 3, relating to alcoholic beverages, or of violating any provision of Chapter 13 of Title 16, relating to controlled substances;

(E) Such person shall submit a sworn affidavit that such person does not excessively use alcoholic beverages and does not illegally use controlled substances or marijuana. It shall be a misdemeanor to falsely swear on such affidavit and, upon conviction, the probationary license shall be revoked. No probationary license shall be issued during the remainder of the revocation period, and no driver's license shall be issued for the remainder of the original revocation period or for a period of two years from the date of conviction under this subparagraph;

(F) Such person submits proof of financial responsibility as provided in Chapter 9 of this title (SR22); and

(G) Such person shall maintain an Ignition Interlock Device on any vehicle such person operates for a minimum of six months immediately following the issuance of an HV probationary license, if the HV declaration is based upon two or more DUI’s.

(H) Refusal to issue a probationary driver's license would cause extreme hardship to the applicant. For the purposes of this subsection, the term "extreme hardship" means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:

(i) Going to his place of employment or performing the normal duties of his

occupation;

(ii) Receiving scheduled medical care or obtaining prescription drugs;

(iii) Attending a college or school at which he is regularly enrolled as a student;

(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or

(v) Attending under court order any driver education or improvement school or alcohol or drug treatment program or course approved by the court which entered the judgment of conviction resulting in revocation of his driver's license or by the commissioner.

Application for a probationary driver's license shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such license. The applicant shall sign all applications before a person authorized to administer oaths. Upon compliance with the above conditions and the payment of a fee of $210.00 or $200.00 when processed by mail, such person may be issued a probationary driver's license by the department. A probationary driver's license shall be endorsed with such conditions as the commissioner deems necessary to ensure that such license will be used by the licensee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:

(A) Specific places between which the licensee may be allowed to operate a motor vehicle;

(B) Routes to be followed by the licensee;

(D) The specific vehicles which the licensee may operate; and

(E) Such other restrictions as the department may require.

A probationary driver's license issued pursuant to this Code section shall become invalid upon the expiration of the period of the suspension or revocation of the driver's license of such person.

NOTE: If the HV revocation is based on two or more convictions of DUI, the HV Probationary License will be restricted to include the use of an Ignition Interlock Device for the first six months following issuance for any vehicle the HV operates and the person must complete a clinical evaluation and, if indicated, must complete a substance abuse treatment program approved by DHR.

The defendant may request the issuance of this application by mailing his or her request to the following address: Department of Motor Vehicle Safety, Driver Services Division, PO Box 80447, Conyers, Georgia 30013-8047. The Probationary License fee to be paid to the License Examiner at the time of issuance will be $210 ($200 if application is processed by mail). The requirements, which must be “completed prior” to permit issuance, will be sent to the licensee via US mail.

Offenses Common to this Code Section.

Felonies:

Felony with Vehicle: Driving while declared & served as a habitual violator. OCGA §40-5-58.

Habitual Impaired Driver: Driving while declared and served as a habitual violator (classification based on three or more DUI’s) and charged with any traffic offense. O.C.G.A. §40-5-58(c)(2).

Probationary License Violation: A conviction of any violation under O.C.G.A §40-5-54 or O.C.G.A §40-6-391.

Misdemeanors:

Probationary License Violation: A conviction of any violation other than those listed in O.C.G.A §40-5-54 or O.C.G.A §40-6-391.

Driving Without a License: A conviction of this offense after the expiration of the five-year revocation. O.C.G.A §40-5-58 (c).

MANDATORY SUSPENSIONS

These offenses under O.C.G.A. §40-5-63, will be discussed in the following order:

1. Homicide by Vehicle (1^st Degree) [O.C.G.A. §40-6-393 (a) or (c)];

2. Serious Injury by Vehicle (O.C.G.A. §40-6-394);

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3. Any felony in the commission of which a motor vehicle is used;

4. Unlawful or Fraudulent Use of a License or ID Card (O.C.G.A. §40-5-120 or O.C.G.A. §40-5-125);

5. Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration (O.C.G.A. §40-6-15);

6. Racing on Highways or Streets (O.C.G.A. §40-6-186);

7. Hit & Run – Leaving the scene of an accident (O.C.G.A. §40-6-270);

8. Homicide by Vehicle (2^nd Degree) [O.C.G.A. §40-6-393 (b)];

9. Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer (O.C.G.A. §40-6-395);

10. Driving Under the Influence (O.C.G.A. §40-6-391)

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Homicide by Vehicle (1^st Degree) - O.C.G.A. §40-6-393 (a) or (c)

Serious Injury by Vehicle - O.C.G.A. §40-6-394

Plea of, or found guilty: The defendant’s driver’s license will be suspended for a period of three years from conviction date. Early reinstatement or the issuance of a temporary driving permit is not available for this conviction. O.C.G.A. §40-5-63(d).

At the end of three years, the defendant may reapply for a driver’s license if no other active suspensions are on the driving record. O.C.G.A. §40-5-63(d).

The defendant’s driver’s license or lost license affidavit, if applicable, and service of suspension should be attached (not stapled) to the citation as part of the disposition of the court.

Any felony in the commission of which a motor vehicle is used.

Unlawful or Fraudulent Use of a License or ID Card - O.C.G.A. §40-5-120

or O.C.G.A. §40-5-125

Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration - O.C.G.A. §40-6-15

Racing on Highways or Streets - O.C.G.A. §40-6-186

Hit & Run/Leaving the scene of an accident - O.C.G.A. §40-6-270

Homicide by Vehicle (2^nd Degree) - O.C.G.A. §40-6-393 (b)

Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer - O.C.G.A. §40-6-395

See Special Section for drivers under 21 years of age on pages 11-14.

First Conviction

Plea of, or found guilty: The defendant’s driver’s license will be suspended by “Operation of Law” at the time of conviction for a minimum of 120 days.

The defendant’s driver’s license or lost license affidavit, if applicable, and service of suspension should be attached to the citation as part of the disposition of the court.

Plea of Nolo Contendere: A plea of nolo contendere WILL NOT be accepted for violations of:

ü Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration – O.C.G.A. §40-6-15

ü Hit & Run/Leaving the scene of an accident - O.C.G.A. §40-6-270

ü Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer - O.C.G.A. §40-6-395

The judge, upon the acceptance of this plea for any other offense under O.C.G.A. §40-5-54, should submit the disposition to this Department and return the driver’s license to the defendant. The defendant must be eighteen (18) years old or older at the time of the violation for a nolo plea to be accepted by the court per O.C.G.A. §40-5-63(a)(1).

Licensee may be eligible for a limited driving permit that will be valid for no more than one year from the date of conviction [O.C.G.A. §40-5-64(e)]. The defendant may request this application by mailing his or her request to the following address: Department of Motor Vehicle Safety, Driver Services Division, PO Box 80447, Conyers, Georgia 30013-8047.

After 120 days the licensee may apply for reinstatement of the driver’s license after completion of the following requirements:

(1) Completion of a Defensive Driving course approved by this Department; and

(2) A $210 restoration fee ($200 if reinstatement is applied for by mail). If by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182.

This suspension will not age off, but will remain active until the defendant has completed the requirements listed above.

Second Conviction

Plea of, or found guilty: The defendant’s driver’s license will be suspended by “Operation of Law” at the time of the defendant’s conviction for a minimum of 120 days.

The defendant’s driver’s license or lost license affidavit, if applicable, and service of suspension should be attached (not stapled) to the citation as part of the disposition of the court.

Licensee is not eligible for any type of driving permit for this violation.

This Department will not accept a Plea of Nolo Contendere. O.C.G.A. §40-5-63.

After 120 days the licensee may apply for reinstatement of the driver’s license after completion of the following requirements:

(1) The completion of a Defensive Driving course approved by this Department; and

(2) A $210 reinstatement fee ($200 if reinstatement is applied for by mail).

This suspension will not age off, but will remain active until the defendant has completed the requirements listed above.

Third Conviction

Plea of, or found guilty: The court will notify the defendant that this conviction (if within five years as measured from arrest date to arrest date), will classify the defendant as a habitual violator and the defendant’s license will be revoked for a period of five years from the date of surrender of the license. O.C.G.A. §40-5-62 (a)(1). This Department will not accept a Plea of Nolo Contendere.

The defendant’s driver’s license or lost license affidavit, if applicable, and Habitual Violator declaration and service of revocation (DS 1189) should be attached (not stapled) to the citation as part of the disposition of the court.

After two years the licensee may make application for a Habitual Violator Probationary License. The defendant may request this application by mailing his or her request to the following address: Department of Motor Vehicle Safety, Driver Services Division, PO Box 80447, Conyers, Georgia 30013-8047. The Probationary License fee to be paid to the License Examiner at the time of issuance will be $210 ($200 if the application is applied for by mail).

Driving Under the Influence

O.C.G.A. §40-6-391

Endangering a Child – O.C.G.A. §40-6-391(l).

A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs. The offense of endangering a child by driving under the influence of alcohol or drugs shall not be merged with the offense of driving under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.

First Conviction of DUI

(See Special Section for drivers under 21 years of age on pages 11-14.)

Plea of, or found guilty, or plea of nolo contendere: The defendant’s driver’s license will be suspended by “Operation of Law”, at the time of conviction, for a period of one year.

The defendant’s driver’s license or lost license affidavit, if applicable and service of suspension (DS 1190) should be attached (not stapled) to the citation as part of the disposition of the court. The license must be surrendered or a lost license affidavit must be completed.

The defendant, if a Georgia licensee, may be eligible for a temporary driving permit valid for 120 days from the date of the conviction. The court should complete a DS Form 1126 (First DUI Conviction Court Affidavit) and notify the defendant to present this form to the nearest DDS Customer Service Center for issuance of a permit. ($25 fee paid to examiner at DDS Customer Service Center) If the judge does not wish to issue a DS 1126, the court should furnish the defendant a certified copy of the traffic citation (front and back showing the disposition). This certified copy may be used by this Department to issue the defendant a permit at the local DDS Customer Service Center.

The Department is required by law to issue a limited permit if the defendant meets the legal qualifications for the issuance of this permit. The judge does not have discretion to grant or deny this permit. If the judge does not wish for the defendant to be permitted to drive during this period, then the defendant must be placed on probation with a condition of probation being the suspension of the driving privilege. [Brock v. State, 165 Ga. App. 150 (1983)]

Reinstatement

After 120 days the licensee may apply for reinstatement of the driver’s license after submitting evidence of completion of the following requirements:

(1) Completion of a Drug or Alcohol course approved by the Department of Human Resources; and

This suspension will not age off, but will remain active until the defendant has completed the requirements listed above.

Plea of Nolo Contendere:

Licensee must be at least 21 years old at the time of arrest [O.C.G.A. §40-6-391(k)(3)] and must have an alcohol concentration of 0.15 grams or less for this plea to be accepted by the court [O.C.G.A. §40-6-391.1(a)]. The judge, upon the acceptance of this plea, shall submit this disposition to DDS. If the court has possession of the defendant’s driver’s license, the license or the DS 250A shall be forwarded to the department. An accepted plea of nolo contendere shall be considered a conviction by this department.

Second Conviction of DUI

A plea of nolo contendere shall be considered a conviction.

Upon any person’s second or subsequent conviction of DUI within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the court shall issue an order requiring that the license plates of all motor vehicles registered in such person’s name be surrendered to the court. The court shall notify the commissioner within ten days after issuing any such order, and the commissioner shall revoke each such license plate upon receiving such notice. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt per O.C.G.A. §40-2-136.

Upon a second or subsequent conviction of a resident (residency determination based upon residency at the time of arrest) for a charge of DUI within a five year period, the court shall order as conditions of probation that such person shall have installed and shall maintain in each motor vehicle registered in such person’s name throughout the applicable six-month period prescribed by subsection (b) of O.C.G.A. §42-8-112 (the six-month period following the 12 month suspension period upon conviction) a functioning, certified ignition interlock device. The court may exempt the person from the requirement to have an ignition interlock device in “each” motor vehicle registered in such person’s name based upon the court’s determination that such requirements would subject the person to undue financial hardship. The court exempting the person from maintaining an ignition interlock device in “each” vehicle registered in such person’s name shall order such person to install and maintain in any other motor vehicle to be driven by such person during the applicable six-month period prescribed by subsection (b) of O.C.G.A. §42-8-112 (the six-month period following the 12 month suspension) a functioning, certified ignition interlock device, and such person shall not during such six-month period drive any motor vehicle whatsoever that is not so equipped. [O.C.G.A. §42-8-111]

NOTE: When the court issues the orders for the use of an Ignition Interlock Device, please make the defendant aware that he or she will be required to provide a certificate of installation for the device to DDS upon applying for a permit and must provide proof of 6 months of monitoring of the device prior to reinstatement of their driver’s license. Always give a copy of the “court order” to the licensee.

The court shall include in the record of conviction or violation submitted to the Department of Motor Vehicle Safety notice of the requirement for, and the period of the requirement for, the use of a certified ignition interlock device. Such notice shall specify any exemption from the installation requirements and any vehicles subject to the installation requirements. The records of the Department of Motor Vehicle Safety shall contain a record reflecting mandatory use of such device and the person’s driver’s license or limited driving permit shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device.

The clerk of the court in which a person (21 years of age or older) is convicted a second or subsequent time (for DUI) shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section. The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith. [O.C.G.A. §40-6-391 (j)]

Any person convicted of a second or subsequent offense of O.C.G.A. §40-6-391 within a five year period, shall be required to undergo a clinical evaluation and, if indicated by such evaluation, must complete a substance abuse treatment program before the drivers license will be reinstated, provided that such evaluation and treatment shall be at such person's expense except as otherwise provided by O.C.G.A. §37-7-120. Acceptable proof of completion of such a program must be submitted to the Department of Motor Vehicle Safety prior to license reinstatement, issuance, or restoration. [O.C.G.A. §40-5-63.1]

The defendant’s driver’s license or lost license affidavit, if applicable, and service of suspension (DS 1190) should be attached (not stapled) to the citation as part of the disposition of the court.

LIMITED PERMIT

12 months from the date of conviction/surrender of the license – Ignition Interlock Device (IID) Permit

After 12 months the licensee will be eligible to apply for an IID Permit. To be eligible for an IID Permit ($25/expires in six months), the licensee must submit the following:

(1) DUI Alcohol or Drug Risk Reduction Program Certificate (approved by DHR).

(2) Clinical Evaluation.

(3) Enrollment in OR completion of a substance abuse treatment program, if required.

(4) Proof of Installation of an Ignition Interlock Device.

REINSTATEMENT

18 months from the date of conviction/surrender/process – Reinstatement

Upon the expiration of the six-month interlock permit (provided the permit was not revoked), the licensee must submit the following prior to reinstatement of the license:

(1) Proof that an ignition interlock device was maintained in a motor vehicle for a period of six months.

(2) Proof of completion of a substance abuse treatment program (as required by the clinical evaluation). If proof of completion was submitted prior to the issuance of the limited permit, no additional proof will be required for reinstatement of the license.

(3) Payment of a $210 restoration fee ($200 if reinstatement is applied for by mail). If by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182.

If a person required to report to an ignition interlock provider fails to report to the provider as required or receives an unsatisfactory report from the provider at any time during the six-month period, the limited driving permit will be revoked.

Within 30 days after the revocation of the limited permit, the person may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing.

Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Motor Vehicle Safety shall hold a hearing.

If the hearing officer determines that the person failed to report to the ignition interlock provider for any of the reasons specified below, a new ignition interlock device limited driving permit shall immediately be issued that shall be valid for a period of six months. Such reasons shall be for providential cause and include, but not be limited to, the following:

(A) Medical necessity, as evidenced by a written statement from a medical doctor;

(B) The person was incarcerated;

(C) The person was required to be on the job at his or her place of employment, with proof that the person would be terminated if he or she was not at work; or

(D) The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure.

If the hearing officer determines that the person failed to report to the ignition interlock provider for any reason other than those specified, or if the person received an unsatisfactory report from the provider, the person may apply for and be issued a new ignition interlock device limited driving permit after 120 days.

This shall not apply to any person convicted of violating O.C.G.A. §42-8-118.

This suspension will not age off, but will remain active until the defendant has completed the DDS and court requirements listed above.

Third Conviction of DUI

Upon a second or subsequent conviction of a resident (residency determination based upon residency at the time of arrest) for a charge of DUI within a five year period, the court shall order as conditions of probation that such person shall have installed and shall maintain in each motor vehicle registered in such person’s name throughout the applicable six-month period prescribed by subsection (b) of O.C.G.A. §42-8-112 (the six month period following the issuance of a probationary license) a functioning, certified ignition interlock device, unless the court exempts the person from the requirements of this paragraph based upon the court’s determination that such requirements would subject the person to undue financial hardship; and such person shall have installed and shall maintain in any other motor vehicle to be driven by such person during the applicable six-month period prescribed by subsection (b) of O.C.G.A. §42-8-112 (the six month period following the issuance of a probationary license) a functioning, certified ignition interlock device, and such person shall not during such six-month period drive any motor vehicle whatsoever that is not so equipped. [O.C.G.A. §42-8-111]

NOTE: When the court issues the order for the use of an Ignition Interlock Device, please make the defendant aware that he or she will be required to provide a certificate of installation for the device to DDS upon applying for a HV Probationary License and must provide proof of 6 months of monitoring of the device prior to having the restriction removed. Always give a copy of the “court order” to the licensee.

Upon the third conviction the licensee will be declared a Habitual Violator. This will cause a five-year revocation, however after two years of being citation free, the licensee may apply for an HV probationary license. NOTE: During the first six months of the probationary license, the driver will be required to have an Ignition Interlock Device on any vehicle he or she operates if the defendant’s HV was based upon at least two convictions of DUI.

Plea of, or found guilty of a third offense: The court will notify the defendant that a third conviction (if within five [5] years) will classify the defendant as a habitual violator and the defendant’s license will be revoked for a period of five (5) years from the date of surrender of the driver’s license. O.C.G.A. §40-5-62(a)(1). The defendant’s driver’s license will be revoked for five years from the date of conviction if the following requirements have been met:

(1) The defendant was served at the time of conviction; and

(2) The driver’s license or lost license affidavit was surrendered to the court at the time of conviction and the court submitted either to this Department.

After two years, the licensee may apply for a Habitual Violator Probationary License. The defendant may request the issuance of this application by mailing his or her request to the following address: Department of Motor Vehicle Safety, Driver Services Division, PO Box 80447, Conyers, Georgia 30013-8047. The Habitual Violator Probationary License fee will be $210 ($200 if the application is applied for by mail).

Plea of Nolo Contendere: This will be considered a conviction. The court should not accept this plea.

The defendant’s driver’s license or lost license affidavit, if applicable, and service of suspension should be attached (not stapled) to the citation as part of the disposition of the court.

DDS now has the authority to revoke the limited driving permit if a person fails to go to or complete the treatment program. If the permit is revoked, it will not be reissued, even if the person reenrolls in or completes the treatment program. [O.C.G.A. §40-5-64(g)(1)(B)]

Fourth Conviction

Plea of, or found guilty: In addition to the sanctions imposed upon a third conviction, a defendant who is found guilty of a fourth DUI violation while declared and served as a habitual violator will be subject to the charges of Felony With a Vehicle and DUI, to include the seizure of the automobile used in the commission of the offense of DUI. O.C.G.A. §40-6-391.

As provided in O.C.G.A. §40-6-391.2, the procedures for the confiscation of the vehicle must be implemented by the district attorney’s office; therefore, these cases should be placed in the respective superior court.

The arresting agency, upon verifying that the driver has met these requirements, shall declare the vehicle as contraband. Within twenty days from the date of seizure, this vehicle must be relinquished to the district attorney’s office. The district attorney has no more than 60 days from the seizure to initiate the condemnation procedures as provided in this code section.

Extenuating Circumstances

In any case where a vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the State from such forfeiture, order the title of the vehicle transferred to such other family member who is a duly licensed operator.

The interest of an owner, lessee, security interest holder, or lien-holder shall not be subject to forfeiture unless the condemnor shows by a preponderance of evidence that such person knew, or reasonably should have known, that the operator was a habitual violator as set forth in this section and knew, or reasonably should have known, that such person would operate or was operation the vehicle while in violation of O.C.G.A. §40-6-391.

Proceeds of Sale

The proceeds arising from such sale shall be deposited into the general treasury of the State or any other governmental unit whose law enforcement agency it was that originally seized the vehicle.

It is the intent of the General Assembly that, wherever possible, proceeds deposited in to the State treasury should be used and that proceeds vested in any local governmental unit shall be applied to fund alcohol or drug treatment, rehabilitation, and prevention and education programs, after making the necessary expenditures for:

(1) Any costs incurred in the seizure;

(2) The costs of the court and its officers; and

(3) Any cost incurred in the storage, advertisement, maintenance, or care of the motor vehicle.

As this is a synopsis of this code section, a complete understanding can only be gained by reviewing the entire code section. (O.C.G.A. §40-6-391.2.)

Implied Consent Suspension

O.C.G.A. §40-5-55 and O.C.G.A. §40-5-67.1

The driver’s license will be suspended for a minimum of one year on every refusal to submit to the state administered chemical test. This is an administrative sanction. There is no permit available for this suspension. In the event the person is acquitted of a violation of O.C.G.A. §40-6-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver's license record. An accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a conviction for purposes of any future violations of O.C.G.A. §40-6-391.

Administrative License Suspension

O.C.G.A. §40-5-67.1

First Suspension

The driver’s license will be suspended for one year for the first offense within a five-year period. However, after 30 days from the effective date of suspension, the licensee may apply for reinstatement of his or her license, if:

(1) He or she has completed the required Drug or Alcohol course approved by the Department of Human Resources; and,

(2) Has paid a $210 restoration fee ($200 if reinstatement is applied for by mail).

This suspension will not age off, but will remain active until the defendant has completed the requirements listed above.

NOTE: The suspension time served on an ALS suspension will be credited toward the suspension time due to the DUI conviction.

NOTE: Licensee may be eligible to apply for an ALS 30 day permit through DDS Headquarters. This permit is not available on “refusals”. [O.C.G.A. §40-5-64]

Second Suspension

The driver’s license will be suspended for three years for the second offense within a five-year period. After 18 months from the effective date of suspension, the licensee may apply for reinstatement of his or her license, if:

(1) He or she has completed the required Drug or Alcohol course approved by the Department of Human Resources; and,

(2) Has paid a $210 restoration fee ($200 if reinstatement is applied for by mail).

This suspension will not age off, but will remain active until the defendant has completed the requirements listed above.

Third Suspension

A third or subsequent suspension within a five-year period will result in a five-year suspension [O.C.G.A. §40-5-67.2(a)(3)]. After two years from the date of suspension the licensee may make application for a probationary license. The defendant may request the issuance of this application by mailing his or her request to the following address: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182. The probationary license fee will be $210 ($200 if application is processed by mail).

This Department will not accept a plea of Nolo Contendere.

License Suspension for Possession of a

Controlled Substance or Marijuana

O.C.G.A. §40-5-75

Violations of O.C.G.A. §16-13-2 (b), O.C.G.A. §16-13-30 (a), (b), or (j), or O.C.G.A. §16-13-33 or O.C.G.A. §40-6-391 (a) paragraphs (2), (4), or (6). Complete the DS 1242 Form and submit to this department.

First Conviction

Plea of, or found guilty: The defendant’s driver’s license will be suspended for a minimum of 180 days. After 180 days the licensee may apply for reinstatement, the licensee must complete the required Drug or Alcohol course approved by the Department of Human Resources and pay to this Department a $210 (or $200 if processed by mail) restoration fee. If by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182.

This suspension will not age off, but will remain active until the defendant has completed the requirements listed above. Licensee may be eligible for early reinstatement if no other active suspensions are noted on the driving record. A driving permit is not available for this offense.

Plea of Nolo Contendere – O.C.G.A. §40-5-75 (c)

Ø Who qualifies in order to avoid a suspension of the license?

The defendant must be charged with possession of marijuana in violation of O.C.G.A. §16-13-30(j)(1) and sentenced under O.C.G.A. §16-13-2(b) due to the fact that the amount of marijuana is one ounce or less. The defendant must be over the age of 16 and must have a driver’s license. The defendant has not been convicted of or has not had a plea of nolo contendere accepted to a violation governed by O.C.G.A. §40-5-75 within the previous five years as measured from date of arrest to date of arrest.

Ø What is the process?

The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge.

If a plea of nolo contendere is accepted, the judge shall:

1) Order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program and submit evidence of such completion to the Department of Motor Vehicle Safety within 120 days.

2) The judge shall also notify the defendant that, if he or she fails to complete such program and fails to submit evidence of such completion to the Department of Motor Vehicle Safety within 120 days, his or her driver's license shall be suspended by operation of law.

3) The record of the disposition of the case shall be forwarded to this department.

4) The court shall return the driver's license to the person.

Second Conviction

Plea of, or found guilty: The defendant’s driver’s license will be suspended for a minimum of one year. After one year the licensee may apply for reinstatement, the licensee must complete the required Drug or Alcohol course approved by the Department of Human Resources and pay to this Department a $210 (or $200 if processed by mail) restoration fee. If by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182.

This suspension will not age off at the end of three years. Licensee may apply for reinstatement of his driver’s license if no other active suspensions are noted on the driving record.

This Department will not accept a Plea of Nolo Contendere.

A temporary driving permit is not available for this offense.

The defendant’s driver’s license or lost license affidavit, if applicable, service of suspension, and citation should be attached to DS Form 1242 as part of the disposition of the court.

Third Conviction

Plea of, or found guilty: The defendant’s driver’s license will be suspended for a period of five years. After two years, he or she may apply for a controlled substance limited driving permit by completing a licensed drug treatment program approved by the Department of Human Resources and meeting the departmental requirements. The defendant may request this application by mailing his or her request to the following address: Department of Motor Vehicle Safety, Driver Services Division, PO Box 80447, Conyers, Georgia 30013-8047.

After five years, the licensee may apply for reinstatement of his or her driver’s license if no other active suspensions are noted on the driving record.

This Department will not accept a plea of Nolo Contendere.

The defendant’s driver’s license or lost license affidavit, if applicable, service of suspension, and citation should be attached to DS Form 1242 as part of the disposition of the court.

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Gasoline Drive Off

O.C.G.A. §40-6-255 and O.C.G.A. §40-5-57.2

The driver’s license of any person convicted for a second or subsequent offense (LIFETIME) of violating O.C.G.A. §40-6-255 shall be suspended as provided in this Code section. The person shall submit the driver’s license to the court upon conviction and the court shall forward the driver’s license to the department.

First Conviction = No Suspension, but the conviction should be reported within ten (10) days.

Second Conviction = First Suspension (six months suspension).

Third or Subsequent Conviction = Second or Subsequent Suspension (one year suspension).

After the suspension period and when the person pays a restoration fee of $60.00 or, when processed by mail, $50.00, the suspension shall terminate and the department shall return the person’s driver’s license to such person.

Notice to Courts: PLEASE REPORT ALL CONVICTIONS. First convictions will not cause a suspension but will be filed at DDS in order to determine future suspensions for second or subsequent convictions. There is no limited permit for this suspension.

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H.O.V. LANE VIOLATIONS

O.C.G.A. §32-9-4, O.C.G.A. §40-5-57, and O.C.G.A. §40-6-54

Any person who violates subsection (b) of O.C.G.A. §32-9-4 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine:

(1) Not to exceed $75.00 for the first such offense;

(2) Not to exceed $100.00 for the second such offense;

(3) Not to exceed $150.00 for the third such offense; and

(4) Not to exceed $150.00 plus one point on such person's driver's license as provided for under O.C.G.A. §40-5-57 for the fourth or subsequent offense.

Notice to Courts: PLEASE REPORT ALL CONVICTIONS. First through Third Convictions will not cause any points to be added to such person’s license but will be filed at DDS in order to determine future point assessments for Fourth or Subsequent Convictions.

Driving with a Suspended or Revoked License

O.C.G.A. §40-5-121

Judges Note: If a driver’s license is suspended for possession of drugs or marijuana and they are convicted for driving with suspended or revoked driver’s license, the fine shall be not less than $750 nor more than $5,000 or imprisonment of not more than twelve (12) months or both. O.C.G.A. §40-5-75(f).

ALL Convictions of O.C.G.A. §40-5-121

Plea of, or found guilty: The license will be suspended for six months.

The defendant’s driver’s license or lost license affidavit, if applicable, and service of suspension should be attached to the citation as part of the disposition of the court.

There is no temporary driving permit or early reinstatement for this offense. After six months, licensee may apply for a driver’s license if no other active suspensions are noted on the driving record.

Plea of Nolo Contendere: This plea will only be accepted once under this code section within any five-year period. An accepted plea of nolo contendere must be reported to this department.

Failure to Maintain Insurance

O.C.G.A. §40-6-10 and O.C.G.A. §40-5-70

O.C.G.A. §40-5-73 Limited applicability.

The provisions of O.C.G.A. §40-5-70, O.C.G.A. §40-6-10, and O.C.G.A. §40-6-11 shall not be applicable to persons operating vehicles which are not required to be registered or licensed in this state.

O.C.G.A. §40-6-10 (a) (7)

If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court may impose a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the driver’s license of such person shall not be suspended.

O.C.G.A. §40-6-10 (b)

An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive. An owner or operator of a motor vehicle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department.

Plea of Nolo Contendere: This plea will be accepted only for a first conviction. The license should be returned to the licensee unless other active suspensions are noted on the driving record. The accepted plea of nolo contendere should be reported to this department within ten days.

Plea of, or found guilty of “No Insurance”: The defendant’s driver’s license will be suspended for a period of sixty days.

The defendant’s driver’s license or lost license affidavit, if applicable, and service of suspension should be attached to the citation as part of the disposition of the court.

Reinstatement of driver’s license: At the end of the required period of suspension, the licensee must pay a $60 reinstatement fee ($50 if applied for by mail) and provide proof of having prepaid a six-month minimum insurance policy. If by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182.

Restricted driving permit: Pursuant to O.C.G.A. §40-5-71, the defendant may be eligible for a restricted driving permit if the date of arrest was prior to November 1, 2002. The permit will be valid for ninety days from the date of conviction. If the person is eligible for the limited permit, the court should furnish the defendant a certified copy of the front and back of the citation verifying the conviction of this offense. For a conviction based on an arrest on or after November 1, 2002, NO LIMITED PERMIT IS AVAILABLE.

Second or Subsequent Convictions

Plea of, or found guilty: The defendant’s driver’s license, license plate and registration will be suspended for a period of ninety days.

The defendant’s driver’s license or lost license affidavit, if applicable, and service of suspension should be attached to the citation and forwarded to this department. The surrendered license plate should be forwarded to the local tag agent.

Reinstatement of driver’s license: At the end of the required period of suspension, the licensee must pay a $60 reinstatement fee ($50 if reinstatement is applied for by mail) and provide proof of having prepaid a six-month SR22A insurance policy (SR22A must be maintained for three years per O.C.G.A. §40-6-12). If by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182.

Point Suspensions

O.C.G.A. §40-5-57

The driver’s license of any person who has accumulated 15 or more points in any consecutive 24-month period shall be suspended. Not just the past 24 months, ANY 24-month period.

First Assessment

If the licensee fails to complete the reinstatement requirements, his or her driver’s license will be suspended for a period of one year.

Note: Licensee may be eligible for a limited permit for the first and second assessment. Permit will be valid for up to one year from the date of suspension [O.C.G.A. §40-5-64(e)].

Reinstatement:

Licensee may reinstate immediately by completing the following requirements:

(1) Attend a Defensive Driving course approved by the Department of Motor Vehicle Safety; and

(2) Pay a $210 reinstatement fee ($200 if reinstatement is applied for by mail). If by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182.

Second Assessment

If the licensee fails to complete the reinstatement requirements, his or her driver’s license will be suspended for a period of three years.

Note: Licensee may be eligible for a limited permit for the first and second assessment. Permit will be valid for up to one year from the date of suspension [O.C.G.A. §40-5-64(e)].

Reinstatement:

Licensee may reinstate immediately by completing the following requirements:

(1) Attend an Advanced Defensive Driving course approved by the Department of Motor Vehicle Safety; and

Third Assessment

The driver’s license will be suspended for a period of two years. After this period of time has elapsed, the licensee may request reinstatement, if no other active suspensions are noted on the driving record.

A limited permit is not authorized for this suspension.

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Point Schedule

Aggressive driving – 6 points

Reckless driving – 4 points

Unlawful passing of a school bus – 6 points

Improper passing on a hill or a curve – 4 points

Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour – 2

points

Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour – 3 points

Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour – 4 points

Exceeding the speed limit by 34 miles per hour or more – 6 points

Disobedience of any traffic-control device or traffic officer – 3 points

Too fast for conditions – 0 points

Possessing an open container of an alcoholic beverage while driving – 2 points

Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident – 2 points

Violation of child safety restraint requirements, first offense – 1 point

Violation of child safety restraint requirements, second or subsequent offense – 2 points

All other moving traffic violations which are not speed limit violations – 3 points (SEE BELOW)

DDS Rule 375-3-3-.01

Moving Traffic Violations Defined

(a) For the purposes of O.C.G.A. §40-5-57, the following violations are defined as “moving traffic violations,” in addition to the violations enumerated in O.C.G.A. §40-5-57(c)(1)(A):

O.C.G.A. §40-6-6 Emergency Vehicle Violation

O.C.G.A. §40-6-11 No Proof of Insurance (Motorcycle)

O.C.G.A. §40-6-14 Limits on Sound Volume[1]

O.C.G.A. §40-6-40 Improper Lane Usage

O.C.G.A. §40-6-41 Oncoming Traffic

O.C.G.A. §40-6-42 Improper Passing

O.C.G.A. §40-6-43 Improper Passing

O.C.G.A. §40-6-44 Improper Passing

O.C.G.A. §40-6-45 Improper Passing[2]

O.C.G.A. §40-6-46 No passing zones

O.C.G.A. §40-6-47 Wrong way on one-way road

O.C.G.A. §40-6-48 Failure to maintain lane

O.C.G.A. §40-6-49 Following too closely

O.C.G.A. §40-6-50 Driving on Divided Highway

O.C.G.A. §40-6-51 Illegal Use of Controlled-Access Road

O.C.G.A. §40-6-52 Truck Lane Usage

O.C.G.A. §40-6-70 Failure to Yield at Intersection

O.C.G.A. §40-6-71 Failure to Yield when Turning Left

O.C.G.A. §40-6-72 Stop/Yield Sign Violation

O.C.G.A. §40-6-73 Failure to Yield Crossing or Entering Road

O.C.G.A. §40-6-74 Failure to Yield to Emergency Vehicle

O.C.G.A. §40-6-75 Failure to Yield to Construction/Maintenance

O.C.G.A. §40-6-76 Failure to Yield to Funeral Procession

O.C.G.A. §40-6-91 Failure to Yield to Pedestrian

O.C.G.A. §40-6-93 Failure to Use Due Care to Pedestrian

O.C.G.A. §40-6-94 Failure to Yield to Blind Pedestrian

O.C.G.A. §40-6-98 Driving Through Safety Zone

O.C.G.A. §40-6-120 Improper Turning

O.C.G.A. §40-6-121 Improper U-Turn

O.C.G.A. §40-6-123 Improper Turning, Failure to Signal

O.C.G.A. §40-6-124 Improper Use of Signal Lights

O.C.G.A. §40-6-125 Improper Use of Hand Signals

O.C.G.A. §40-6-126 Improper Use of Turning Lane

O.C.G.A. §40-6-142 Certain vehicles to stop at all railroad crossings

O.C.G.A. §40-6-143 Moving heavy equipment at railroad crossings

O.C.G.A. §40-6-144 Emerging from alley, driveway, or building

O.C.G.A. §40-6-161 Operating school bus without headlights

O.C.G.A. §40-6-162 Failure to use visual signals by school bus

O.C.G.A. §40-6-164 Failure of school bus driver to yield right of way

O.C.G.A. §40-6-184 Impeding traffic flow

O.C.G.A. §40-6-205 Obstructing intersection

O.C.G.A. §40-6-240 Improper Backing

O.C.G.A. §40-6-241 Failure to exercise due care

O.C.G.A. §40-6-242 Driving with obstructed view

O.C.G.A. §40-6-244 Allowing occupancy of moving house trailer

O.C.G.A. §40-6-245 Improper driving thru canyon or on mountain

O.C.G.A. §40-6-246 Coasting

O.C.G.A. §40-6-247 Following emergency vehicles

O.C.G.A. §40-6-248 Crossing fire hose

O.C.G.A. §40-6-250 Wearing device impairing hearing or vision

O.C.G.A. §40-6-251 Laying drags

O.C.G.A. §40-6-252 Cruising

O.C.G.A. §40-6-253.1 Transportation of etiologic agent

O.C.G.A. §40-6-271 Striking unattended vehicle

O.C.G.A. §40-6-272 Striking fixture

O.C.G.A. §40-6-273 Failure to report accident

O.C.G.A. §40-6-275 Failure to remove vehicle from roadway

O.C.G.A. §40-6-311 Manner of riding motorcycle

O.C.G.A. §40-6-312 Operating motorcycle on road laned for traffic

O.C.G.A. §40-6-313 Clinging to other vehicles

O.C.G.A. §40-6-314 Motorcycle footrest/handlebar violation

O.C.G.A. §40-6-315 Motorcycle helmet/eyewear violation

O.C.G.A. §40-6-352 Moped helmet violation

O.C.G.A. §40-6-361 Improper lane usage-low speed vehicle

O.C.G.A. §40-6-362 Improper highway access-low speed vehicle

O.C.G.A. §40-6-391(l) Child endangerment

O.C.G.A. §40-6-393.1 Feticide by vehicle (this offense counts toward H.V.)

(b) The Department shall assess three (3) points to the driver history record upon receipt of notice of any of the above convictions.

(c) The Department shall assess points to the driver history record upon receipt of notice of a conviction for a moving traffic violation in another state in accordance with the actions required of a corresponding violation under Georgia law.

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“Zero-Point” Violations

O.C.G.A. §40-5-57(c)(1)(C)

A court may order a person to attend a driver improvement course approved by this department for any violation for which points are assessed. A court may also accept a person’s certificate of completion from an approved driver improvement clinic after the issuance of a citation. If the court orders or accepts a certificate of completion, the fine shall be reduced by 20%. The disposition and court order shall be reported to this Department. PLEASE INDICATE ON THE ORDER OR ON THE CITATION THAT YOU ARE MAKING A “ZERO POINT” REQUEST FOR THE VIOLATION. No points will be assigned for this violation. This procedure may be used once every five years measured from date of arrest to date of arrest [O.C.G.A. §40-5-57 (c)(1)(C)].

“Point Reduction”

O.C.G.A. §40-5-86

Upon the accumulation of points pursuant to O.C.G.A. §40-5-57, the total number of points accumulated by any driver shall be reduced by seven points, but to not less than zero points, upon the satisfactory completion by such driver of an approved defensive driving course and the submission of such certificate by such driver to the department. The provisions of this Code section shall be available one time only to each driver in any five-year period.

The provisions of O.C.G.A. §40-5-86 are in addition to the “zero-point” violation allowed under O.C.G.A. §40-5-57(c)(1)(C).

O.C.G.A. §40-5-57.1(c)(1)(C) is a transaction between a court and this department.

O.C.G.A. §40-5-86 is a transaction between an individual and this department.

Once a person has a pending suspension based on the assessment of points, the suspension will NOT be stayed or amended if the person applies for a “point reduction” under O.C.G.A. §40-5-86.

Commercial Driver’s License

O.C.G.A. §40-5-140 through O.C.G.A. §40-5-159

Any operator of a commercial vehicle must have in his or her possession a valid commercial driver’s license.

Exceptions: Military personnel operating military vehicles, recreational vehicles, fire or emergency vehicles, farm equipment operated within 150 miles of the farm or any other non-commercial vehicle.

This license can be identified by the caption “Commercial License” which will be displayed prominently on the front of each license.

Note: If a violation is committed while operating a commercial vehicle, all blocks on the citation that denote that the driver was operating a commercial vehicle must be marked; if the vehicle was a non-commercial vehicle, the citation should not reflect that the violation occurred in a commercial vehicle.

EFFECTIVE OCTOBER 1, 2003: Serious Traffic Violations committed in a COMMERCIAL and/or NONCOMMERCIAL vehicle WILL COUNT toward a CDL disqualification.

Serious Traffic Violations

“Serious traffic violation” means:

ü Speeding 15 or more miles per hour above the posted speed limit;

ü Reckless driving;

ü Following another vehicle too closely;

ü Improper or erratic lane change which presents a risk to any other vehicle, but not including failure to signal a lane change;

ü A violation, arising in connection with a fatal accident relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations; or

ü A railroad grade crossing violation.

ü Driving a commercial motor vehicle without obtaining a commercial driver’s license;

ü Driving a commercial motor vehicle without a valid commercial driver´s license in the driver’s immediate possession; or

ü Driving a commercial motor vehicle without a commercial driver’s license of the proper class and/or endorsements for the specific vehicle being operated or for the passengers or type of cargo transported.

Disqualifications, Suspensions and Penalties

O.C.G.A. §40-5-151

(f)(1) Except as otherwise provided by paragraph (2) of this subsection, any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial or noncommercial motor vehicle arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained.

(2) If the serious traffic violation committed in a commercial motor vehicle is a railroad grade crossing violation, the person shall be disqualified from driving a commercial motor vehicle for a period of not less than 60 days upon the first conviction within a three-year period as measured from the dates of arrests for which convictions were obtained, for not less than 120 days if convicted of two railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained, or for not less than one year if convicted of three railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained.

(g)(1) Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders:

(A) First violation - a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 90 days and not more than one year;

(B) Second violation - a driver who is convicted of two violations of out-of-service orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and

(C) Third or subsequent violation - a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years.

O.C.G.A. §40-5-151

Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:

If convicted of a first violation of:

ü Any offense specified in O.C.G.A. §40-5-54 that occurs while the person is driving or being in actual physical control of a moving commercial motor vehicle or a moving noncommercial vehicle;

ü Driving or being in actual physical control of a moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; or

ü Driving or being in actual physical control of a moving noncommercial vehicle in violation of O.C.G.A. §40-6-391; or

ü For refusal to submit to a test as prescribed in O.C.G.A. §40-5-55 to determine the driver’s alcohol concentration while driving a commercial motor vehicle or a noncommercial motor vehicle.

A conviction of two or more of these offenses within a five-year period will disqualify licensee from operating a commercial vehicle for life. O.C.G.A. §40-5-151(c).

A CDL licensee will be disqualified for three (3) years if convicted of using a commercial motor vehicle in the commission of a felony.

A commercial driver who is convicted of knowingly using a commercial motor vehicle in the commission of any felony relating to the manufacturing or distribution of controlled substances will be disqualified from operating a commercial vehicle for life. O.C.G.A §40-5-151(e).

Any operator who drives a commercial vehicle with any measurable amount of blood alcohol shall be disqualified to operate such vehicle, and must be placed on an out-of-service order for 24 hours. O.C.G.A. §40-5-152. Any operator of a commercial vehicle who refuses to take a test as prescribed in O.C.G.A. §40-6-392, will be disqualified from operating a commercial vehicle for a minimum of one year. O.C.G.A. §40-5-151.

Driving with a suspended, revoked or disqualified license, or in violation of an out-of-service order, shall subject the driver to a misdemeanor charge with a fine of not less than $500. Upon the receipt of this conviction, the Department will suspend the driver’s license for six months from the date of conviction. O.C.G.A. §40-5-146 and O.C.G.A. §40-5-159.

Any commercial vehicle operator who has in his or her possession more than one valid driver’s license shall upon conviction be guilty of a felony. The fine for this offense is $5,000, or imprisonment for not more than 90 days, or both. O.C.G.A. §40-5-159.

A plea of Nolo Contendere will not be accepted for any conviction received in the operation of a commercial vehicle.

A limited driving permit is NOT available for operating a commercial vehicle.

The defendant’s commercial driver’s license or lost license affidavit, if applicable, and service of suspension should be attached to the citation as part of the disposition of the court.

Note: Although the commercial license may be suspended, revoked, or under a disqualification, the privilege of operating a non-commercial vehicle may or may not be affected.

The procedures regarding reinstatement, if the violation committed would mandate a suspension under “non-commercial driver’s license,” may be found under the specific offense that was committed. If the offense is not covered in this manual, and you wish information in regards to this offense, you may call the Commercial Driver’s License Unit at (678) 413-8458 or 8461.

GENERAL INFORMATION

DS Form 912, “Notice of Failure to Comply with Terms of Citation.”

O.C.G.A. §40-5-56, O.C.G.A. §17-6-11, and O.C.G.A. §17-6-2.

The purpose of this suspension is to ensure that the defendant will appear before the court to answer the charges alleged by the apprehending officer. This suspension will remain active until the Department receives notice from the court that the case against the defendant has been finally adjudicated. This is the only purpose of this form; it cannot be used as a means of collecting fines from disposed cases.

ONLY ORIGINAL DS912 FORMS ISSUED TO THE COURT BY THE DDS WILL BE ACCEPTED AND PROCESSED. “Computer generated” forms will not be accepted and will not be processed by DDS. ONLY ONE CITATION PER FORM, IF YOU HAVE MULTIPLE CITATIONS, USE MULTIPLE FORMS. Once permission has been granted for a court to submit the information electronically, no forms will be required.

§ Top Block

“FAILURE TO APPEAR”

O.C.G.A. §40-5-56

For non-resident’s licensed in a member state of the Nonresident Violator Compact.

This Department will not accept a DS Form 912 for people licensed in the following states, as these states are not members of the Nonresident Violator Compact:

Alaska, California, Michigan, Montana, Oregon, or Wisconsin

Note: Those law enforcement agencies that submit traffic violations to your court should be notified not to issue appearance citations to drivers licensed in any of these six “nonmember” states.

The court should take the following actions if a driver’s license from a “member state” was displayed in lieu of bail and the non-Georgia resident defendant does not appear in court at the time of arraignment:

Complete the DS912, checking the first block. The copy that is marked “DEFENDANT’S NOTICE” (top copy) should be sent to the licensee as notification that he or she should appear to answer the charges before your court. The court shall then forward the “HOME JURISDICTION COPY” (yellow) to this Department.

Upon receipt of a DS912 forwarded by the court, the Department shall suspend the driving privilege of the defaulting person. Notification will be sent to the driver’s home state. As a member of the Nonresident Violator Compact, the member state has agreed to suspend the driver’s license issued in their state until notified by this department that charge against the person has been finally adjudicated.

Upon adjudication the court should provide the defendant with the “DEFENDANT’S RECEIPT” (pink copy) and should mail the copy entitled “HOME JURISDICTION-SUSPENSION WITHDRAWAL” (goldenrod copy) to this Department. It is important that the Department of Motor Vehicle Safety receives the copy marked the “HOME JURISDICTION-SUSPENSION WITHDRAWAL” in order to process the release of the suspension.

The “COURT COPY” (bottom copy) should be retained as a part of the court’s records.

Reinstatement: After we receive the “HOME JURISDICTION-SUSPENSION WITHDRAWAL” copy from the court, the person must pay to this Department a restoration fee of $35 ($25 if processed by mail.)

§ Second Block

“D/L DISPLAYED IN LIEU OF BAIL”

O.C.G.A. §17-6-11

For Georgia residents that have “displayed” their driver’s license in lieu of bail.

The court should take the following actions if a Georgia driver’s license was displayed in lieu of bail and the defendant does not appear in court at the time of arraignment:

Complete the DS912, checking the second block. The copy that is marked “DEFENDANT’S NOTICE” (top copy) should be sent to the licensee as notification that he or she should appear to answer the charges before your court. The court shall then forward the “HOME JURISDICTION COPY” (yellow) to this Department.

Upon receipt of a DS912 forwarded by the court, the Department shall suspend the driver’s license and driving privilege of the defaulting person.

The “COURT COPY” (bottom copy) should be retained as a part of the court’s records.

Reinstatement: After we receive the “HOME JURISDICTION-SUSPENSION WITHDRAWAL” copy from the court, the person must pay to this Department a restoration fee of $35 ($25 if processed by mail.)

§ Third Block

“D/L AS COLLATERAL (MISDEMEANOR)”

O.C.G.A. §17-6-2

Any qualifying defendant may be allowed to post their valid driver’s license as collateral for bail pursuant to an agreement under O.C.G.A. §17-6-2.

The requirements are:

1) The individual is a Georgia resident;

2) The individual possesses a valid Georgia driver’s license (not expired, suspended, or revoked);

3) The individual is charged with a violation of state law (misdemeanor offense);

4) The individual has been incarcerated for not less than five days; and

5) The individual’s bail is $1,000.00 or less.

The sheriff of the county wherein the violation occurred shall be authorized, unless otherwise ordered by a judicial officer, accept that individual's driver's license as collateral. The individual posting a license as collateral shall execute an acknowledgment and agreement between the individual and the State of Georgia as bond wherein the individual agrees to appear in court to answer the charges made against the individual and acknowledges that failure to appear in court when the case is scheduled for hearing, trial, or plea shall result in a forfeiture of the individual's license through suspension by operation of law effective upon the date of the individual's scheduled appearance. The individual shall also be notified that failure to appear in court as required may result in criminal prosecution for bail jumping as provided in O.C.G.A. §16-10-51. After execution of the agreement, except as otherwise provided by law, the license shall be returned to the individual and the original agreement shall be delivered to the prosecuting attorney for filing with the accusation, citation, or dismissal. Whenever an individual has been charged with a violation of O.C.G.A. §40-6-391, relating to driving under the influence of alcohol or drugs, then the provisions of O.C.G.A. §40-5-67 shall apply. If the defendant does not appear in court at the time of arraignment, the court should take the following actions to clear this case:

Complete the DS912, checking the third block. The copy that is marked “DEFENDANT’S NOTICE” (top copy) should be sent to the licensee as notification that he or she should appear to answer the charges before your court. The court shall then forward, within five days, the “HOME JURISDICTION COPY” (yellow) to this Department.

Upon receipt of a DS912 forwarded by the court, the Department shall suspend the driver’s license and driving privilege of the defaulting person.

Reinstatement: Upon receipt of the “HOME JURISDICTION-SUSPENSION WITHDRAWAL” copy from the court, the person must pay to this Department a restoration fee of $25.

JUVENILE COURT PROCEDURES

Special Conditions for those Under the Age of Sixteen (Controlled Substances or DUI)

O.C.G.A. §40-5-22.1. Reinstatement of license of child under 16 years convicted of driving under influence of alcohol or drugs. (O.C.G.A. §16-13-2(b), O.C.G.A. §16-13-30, O.C.G.A. §16-13-72, or O.C.G.A. §40-6-391)

Plea of, or found guilty: The court will complete DS Form 1137 (Report of Juvenile Court Suspension), checking the 1^st block marked “O.C.G.A. §40-5-22.1”. The court should then indicate on the DS 1137 if this is the 1^st or 2^nd/Subsequent conviction. The learner’s license, if applicable, should be attached (not stapled) to the department’s copy and submitted to the Driver Services Division within 15 days. If you fill out DS 1137, DO NOT send the Uniform Traffic Citation to DDS. This may create an additional suspension for the juvenile. Send one or the other, not both!

First Suspension: If applicable, the learner’s license, or the application thereof, will be suspended thereby delaying the issuance of a driver’s license until age seventeen. No license or permit will be issued until the juvenile has reached the required age.

Second or Subsequent Suspension: If applicable, the learner’s license, or the application thereof, will be suspended thereby delaying the issuance of a driver’s license until age eighteen. No type of license or permit will be issued until the juvenile has reached the required age.

Reinstatement Procedures

When the juvenile reaches the age of eligibility, (17 or 18) the following requirements must be met before a driver’s license will be issued:

Completion of the required Drug or Alcohol course approved by the Department of Human Resources or completion of a substance abuse clinic or program approved by the Council of Juvenile Court Judges. A completion certificate must be provided to DDS by the juvenile on or before the time of application; and

A $200 restoration fee ($210 if reinstatement is applied for in person). If by mail, the following address should be used: Department of Motor Vehicle Safety, Driver Services Division, PO Box 105182, Atlanta, Georgia 30348-5182.

If the juvenile has more than one suspension, all suspensions must be cleared before the privilege to operate a motor vehicle may be granted by this Department.

Under the Age of Seventeen

Juvenile traffic offenses

O.C.G.A. §15-11-73

Exceptions. The following offenses shall be delinquent offenses and shall not be handled as juvenile traffic offenses: homicide by vehicle, manslaughter resulting from the operation of a vehicle, any felony in the commission of which a motor vehicle is used, racing on highways and streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a license, hit and run or leaving the scene of an accident, driving under the influence of alcohol or drugs, possession of a controlled substance or marijuana, and any other offense for which driving privileges may be suspended or revoked for an adult.

If the court finds on the admission of the child or upon the evidence that the child committed the offense charged, it may as a matter of probation or if the child is committed to the custody of the state, order the Department of Motor Vehicle Safety to suspend the child's privilege to drive under stated conditions and limitations for a period not to exceed 12 months and/or require the child to attend a traffic school conducted by the Department of Motor Vehicle Safety or a substance abuse clinic or program approved by either the Department of Human Resources or the Council of Juvenile Court Judges for a reasonable period of time. This can be accomplished by checking the 2^nd block on the DS1137 marked “O.C.G.A. §15-11-73” and submitting it to the department. Please fill in the amount of time for the license to be suspended (not to exceed 12 months). If the conviction itself will generate a suspension as a matter of law, simply report the conviction and our department will automatically suspend the license.

Upon finding that the child has committed a juvenile traffic offense or a delinquent offense which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report of the final adjudication and disposition of the charge to the Department of Motor Vehicle Safety. The Department of Motor Vehicle Safety shall record the adjudication and disposition of the offense on the child's permanent record and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking the individual's driver's license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults.

Notice to Courts Reporting Convictions

Any reduction of the original charge should be noted under disposition and sentence on back of citation. This notation should reflect the new charge and code section for which the defendant was convicted. Also, please draw a single line through the original charge and code section on the front of the citation and place the new charge and code section directly above the old one. Place your initials next to the new charges.

An offense that requires a suspension by this Department will require the court to submit the driver’s license, if applicable, and notice of the service of suspension, as well as all supporting documentation (DS Form 1137 or Traffic Citation,) not both, to the following address: Department of Motor Vehicle Safety, Driver Services Division, PO Box 80447, Conyers, Georgia 30013-8047. If you fill out DS 1137, DO NOT send the Uniform Traffic Citation to DDS. This duplication may create an additional suspension for the juvenile. Send one or the other! Not Both!

Do Not Report: Those cases which have been Nolle Prossed, reduced to a warning, dismissed, voided, or dead docketed; those cases which concluded in the child and parent being reprimanded or counseled; any other conviction that is exempted under Title 40; or any conviction that does not relate to the operation of a motor vehicle unless the conviction will generate a suspension of the person’s driver’s license or privilege to drive.

The third block which indicates “other” on the DS Form 1137: (Report of Juvenile Court Suspension) may be used by the court to generate a suspension for any offense other than a traffic violation. If the juvenile has a driver’s license and the violation is not a suspendable offense by this Department, the court should hold this license until the suspension has concluded. By doing this, a reinstatement fee will not be required by this Department.

Traffic violations should be reported on the Uniform Traffic Citation. If the court orders a suspension, the phrase, “As part of probation, the driver’s license will be suspended for a period of...” must be included in the “Disposition and Sentence” section of the citation.

Report of Convictions

Traffic

The court, upon adjudication of the case, must disseminate its verdict in the following manner: All citations should be mailed directly to the Department of Motor Vehicle Safety, Driver Services Division, PO Box 80447, Conyers, Georgia 30013-8047 (if dispositions are filed electronically, this requirement is not applicable).

Drugs

All drug convictions listed under O.C.G.A. §40-5-75, O.C.G.A. §16-13-33, O.C.G.A. §16-13-30(a)(b) and (j), O.C.G.A. §16-13-2(b), O.C.G.A. §40-6-391(a)(2), (a)(3), (a)(4) or (a)(6) which are initiated by warrant or citation should be reported to this Department by completing DS Form 1242, “Report of Conviction for Possession of Illegal Contraband or Marijuana.” The completed DS Form 1242 and driver’s license, or lost license affidavit, if applicable, should be sent to the following: Department of Motor Vehicle Safety, Driver Services Division, PO Box 80447, Conyers, Georgia 30013-8047. If the conviction is based upon a warrant, the warrant should not be attached to the DS Form.

Disposition of delinquent child.

O.C.G.A. §15-11-66

At the conclusion of the dispositional hearing provided in subsection (a) of O.C.G.A. §15-11-65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Motor Vehicle Safety of any such actions taken pursuant to this subsection.

O.C.G.A. §15-11-73 (j): Reporting Procedures. Upon finding that the child has committed a juvenile traffic offense, or a delinquent offense which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report of the final adjudication and disposition of the charge to this Department. The method of reporting these violations is covered under the “Traffic” section above.

Do Not Report: Those cases which have been Nolle Prossed, reduced to a warning, dismissed, voided, dead docketed; those cases which concluded in the child and parent being reprimanded or counseled; any other conviction that is exempted under Title 40; or any conviction that does not relate to the operation of a motor vehicle unless a suspension is generated by the court.

______________________________________________________________________________

Miscellaneous Information

City or County Ordinances: Do Not use a city or county ordinance as the violation code. These will not be processed by DDS. Use the Code Section from the Official Code of Georgia Annotated.

Open Container Law: This violation assesses two points if the person was driving at the time of the violation. All convictions involving drivers must be reported to this Department. DO NOT report passengers that are in violation of the open container law.

Completion Certificate from a Drug or Alcohol Course: If the course is completed after violation date, the certificate will be accepted at any time provided the certificate has not already been used for the reinstatement of any other suspension.

Lost License Affidavit: The form (DS 250A) has been provided to meet the requirement of submitting a license to the court in those cases where the licensee is unable to surrender the license. This form must be sent to DDS in lieu of the defendant’s driver’s license if the license has been lost or stolen.

Suspended Driver’s License: The Department shall retain possession of any suspended license that has been forwarded to it if the expiration date is one year or more from the date received. If the expiration date is less than one year, the license may be destroyed.

Implied Consent Suspension: A defendant no longer has the option of pleading guilty to the offense of DUI for the purpose of nullifying an Implied Consent suspension that has already begun (12 month suspension).

Extension of the 180 Day Permit (DS 1127): (Blue and White Temporary Driving Permit placed on the bottom of DUI citation) At the time a law enforcement officer takes a person's driver's license for an alcohol concentration in violation of O.C.G.A. §40-6-391 but less than the level for an administrative license suspension under O.C.G.A. §40-5-67.1, the officer shall issue an 180 temporary driving permit. This permit shall be valid until the expiration of 180 days or until the person's driving privilege is suspended or revoked. The Director of Driver Services or the Director’s designee must authorize all extensions of this permit. The Department shall extend the permit for 30 days only upon receipt of an order from the judge, clerk of court, or solicitor from the court of jurisdiction stating that the case has not yet been adjudicated. The 30 day extension will be DS Form 1128 which, when accompanied with the Uniform Traffic Citation for violation of O.C.G.A. §40-6-391, will serve as a temporary driver's permit for 30 days. The Department shall not issue more than five (5) 30-day extensions of the 180-day permit.

Service of Suspension: Service of Suspension shall be provided by the court to those defendants whose mandatory conviction(s) will generate a suspension or revocation. O.C.G.A. §40-5-54(b)

When the defendant is served on a DS 1190 for everything other than Habitual Violator (For Habitual Violator use DS 1189 or 1030), the driver’s license or lost license affidavit (DS 250A) should be attached along with the notice of service to the citation.

Your assistance in providing this service will ensure that each person whose license has been suspended or revoked will be immediately aware of his or her inability to operate a vehicle thereafter. This service form noting the surrender date of the license allows DDS to assign a surrender date for the suspended driver. And, it’s the law! O.C.G.A. §40-5-54(b). Please serve them!

Production of Evidence

If you are electronically connected by a GCIC computer terminal to the data center of the Department of Motor Vehicle Safety, you may receive records as evidence without any additional certification from this Department (O.C.G.A. §40-5-2 and O.C.G.A. §24-3-17).

Under O.C.G.A. §24-3-17, this record “shall be admissible as evidence as proof of the act, transaction, occurrence, or event...”

Before any additional documentation is subpoenaed from this Department, please check the driving record for all pertinent data before making your request.

DS FORMS

Courts and Law Enforcement Officers

DS 32C Report of Conviction for Violation of Motor Vehicle Laws.

DS 250A Lost License Affidavit.

DS 354 Georgia Implied Consent Notice

DS 912 Notice of Failure to Comply with Terms of Citation (Failure to Appear).

DS 1030 Personal Service of Habitual Violator by Apprehending Officer or Court

DS 1126 First DUI Conviction Court Affidavit.

DS 1127 180-day Temporary Driving Permit (For DUI arrests not qualifying for DS1205).

DS 1137 Report of Juvenile Court Suspension.

DS 1150 Notice of Suspension/Revocation by a Sworn Officer.

DS 1189 Habitual Violator Declaration by the Court.

DS 1190 Notice of Suspension/Revocation by the Court

DS 1205 Administrative License Suspension – Refusal or Qualifying Breath Test Results

DS 1205S Administrative License Suspension – Qualifying Chemical Test Results

DS 1242 Report of Conviction for Possession of Controlled Substances or Marijuana.

The forms listed above may be ordered by placing your request on Court/Agency letterhead. This request should list the form number as well as the title of the form.

FAX your request to (678) 413-8489 [Attn: Tammy Morgan] or mail your request to:

Department of Motor Vehicle Safety

Driver Services Division

Attn: Tammy Morgan

PO Box 80447

Conyers, GA 30013-8047

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Support of Court Functions

For general assistance and court corrections, please contact Special Customer Assistance:

Special Customer Assistance

Office.......................... (678) 413-8478

Office FAX................. (678) 413-8479

For assistance with Revocation & Suspension issues, please contact Driver Services:

Administrative Section Supervisor

Office.......................... (678) 413-8413

Office FAX................. (678) 413-8451

For assistance with specific legal questions, please contact our Legal Department:

DDS Legal Department

Office.......................... (678) 413-8765

Office FAX................. (678) 413-8773

For assistance concerning the submittal of PAPER dispositions please contact:

IT Enterprise Operations

Office.......................... (678) 413-8652

Office FAX................. (678) 413-8894

For assistance concerning the submittal of ELECTRONIC dispositions please visit our website:

http://www.dds.ga.gov/

New and Updated Laws for 2004

v House Bill 1 EX

Indigent defense funding; provisions

Ø From Section 10 –

15-21A-1(a)

The General Assembly finds that over the years, at various times, there have been enacted into the law and Constitution of this state numerous provisions relating to court costs, fees, and criminal penalty and bond surcharges for various stated purposes and that additional costs, fees, and surcharges may be added in the future. Because of the seriatim nature of these enactments, little or no consideration has been given to the interaction of the enacting provisions. There exists a lack of fiscal data concerning such fees. State law has in some cases provided insufficient guidance for local officials with respect to the priority and manner of distribution of such costs, fees, and surcharges. There exists a need for a centralized agency to act as the collecting and remitting agent for such costs, fees, and surcharges in order to provide for uniform practices and fiscal accountability with respect to such collection and remittance.

Ø This bill designates the Superior Court Clerks´ Cooperative Authority to act as the collecting and remitting agent for such costs, fees, and surcharges in order to provide for uniform practices and fiscal accountability with respect to such collection and remittance.

Signed: June 15, 2004

Effective: June 15, 2004

v House Bill 20

Driving under the influence; additional penalties; victim compensation awards

Ø Section 2 – Amends subsection (a) of Code Section 15-21-112 to read as follows:

(a) In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayor’s, recorder’s, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for a violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 pursuant to Article 14 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to the lesser of ~~$25.00 or 10 percent~~ $26.00 or 11 percent of the original fine.

Ø Section 4 – Adds a new subsection (k) to Code Section 17-15-8 to read as follows:

"(k)(1) In addition to any other award authorized by this Code section, in any case where a deceased was a victim of homicide by vehicle caused by a violation of Code Section 40-6-391 on any road which is part of the state highway system, upon request of the next of kin of the deceased an award of compensation in the form of a memorial sign erected by the Department of Transportation as provided by this subsection shall be paid to an eligible claimant.

(2) The provisions of paragraph (4) of subsection (a) of this Code section shall not apply for purposes of eligibility for awards made under this subsection, and the value of any award paid to a claimant under this subsection shall not apply toward or be subject to any limitation on award amounts paid to any claimant under other provisions of this Code section.
(3) The Department of Transportation, upon receiving payment for the cost of materials and labor from the board, shall upon request of the next of kin of the deceased erect a sign memorializing the deceased on the right of way of such public highway at the location of the accident or as near thereto as safely and reasonably possible and shall maintain such sign for a period of five years from the date the sign is erected unless its earlier removal is requested in writing by the next of kin. Such sign shall be 24 inches wide by 36 inches high and depict a map of the State of Georgia, with a dark blue background and a black outline of the state boundaries. A border of white stars shall be placed on the inside of the state boundaries, and the sign shall contain the words 'In Memory of (name), DUI Victim (date of accident).'

(4) In the event of multiple such claims arising out of a single motor vehicle accident, the names of all deceased victims for whom such claims are made and for whom a request has been made by the next of kin of the deceased may be placed on one such sign or, if necessary, on one such sign and a plaque beneath of the same color as the sign. In the event of multiple claims relating to the same deceased victim, no more than one such sign shall be paid for and erected for such victim."

Signed: May 13, 2004

Effective: July 1, 2004

v House Bill 217

Seat belts; child restraints; change age

Ø Section 1 – Amends Code Section 40-8-76 to read as follows:

"40-8-76.
(a) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.
(b)(1) ~~On and after July 1, 1984, every~~ Every driver who transports a child ~~four years of age or younger~~ under six years of age in a passenger automobile, van, or pickup truck, other than a taxicab as defined by Code Section 33-34-5.1 or a public transit vehicle as defined by Code Section 16-5-20, shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the ~~protection~~ proper restraint of such child in a child passenger restraining system appropriate for such child’s height and weight and approved by the United States Department of Transportation under provisions of Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983.,or at the time of manufacture, subject to the following specific requirements and exceptions:

(A) Any such child weighing at least 40 pounds may be secured by a lap belt when:

(i) The vehicle is not equipped with both lap and shoulder belts; or

(ii) Not including the driver’s seat, the vehicle is equipped with one or more lap and shoulder belts that are all being used to properly restrain other children;

(B) Any such child shall be properly restrained in a rear seat of the motor vehicle consistent with the requirements of this paragraph. If the vehicle has no rear seating position appropriate for correctly restraining a child or all appropriate rear seating positions are occupied by other children, any such child may be properly restrained in a front seat consistent with the requirements of this paragraph;

(C) A driver shall not be deemed to be complying with the provisions of this ~~subsection~~ paragraph unless ~~the~~ any child passenger restraining system required by this paragraph is installed and being used in accordance with the manufacturer’s directions for such system.; and

(D) The provisions of this ~~subsection~~ paragraph shall not apply when the child's parent or guardian either obtains a physician’s written statement that a physical or medical condition of the child prevents placing or restraining him or her ~~in any such child passenger restraining system~~ in the manner required by this paragraph. If the parent or guardian can show the child’s height is over 4 feet and 9 inches, such child shall be restrained in a safety belt as required in Code Section 40-8-76.1.

(2) Upon a first conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $50.00, except in the case of a child who is five years of age, if the defendant shows to the court having jurisdiction of the case that a child passenger restraining system meeting the applicable requirements of this subsection has been purchased by him or her after the time of the offense and prior to the court appearance, the court may waive or suspend the fine for such first conviction. This exception shall apply until January 1, 2005. Upon a second or subsequent conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $100.00. No court shall impose any additional fees or surcharges to a fine for such a violation. The court imposing a fine for any violation of this Code section shall forward a record of the disposition of the cases annually to the Department of Public Safety for the sole purpose of data collection on a county by county basis.

(c) It shall be the duty of the Governor’s Office of Highway Safety to implement and coordinate a program to inform parents and other citizens of Georgia of the reasons for the enactment of subsection (b) of this Code section. Such program shall be carried out prior to January 1, 1997. The Governor’s Office of Highway Safety shall solicit the cooperation and assistance of the Georgia State Patrol, the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, Incorporated, the Peace Officers´ Association of Georgia, the Medical College of Georgia, the Georgia Hospital Association, the Georgia Association of Educators, the Georgia Parent-Teacher Association, and other appropriate organizations in educating the citizens of the state and in implementing, coordinating, and carrying out the program provided for herein.
~~(d)~~(c) Violation of this Code section shall not constitute negligence per se nor contributory negligence per se. Violation of ~~child safety restraint requirements~~ subsection (b) of this Code section shall not be the basis for cancellation of coverage or increase in insurance rates.

(d) The provisions of this Code section shall not apply to buses, as defined in paragraph (7) of Code Section 40-1-1, used in the transport of children over four years of age until July 1, 2007, provided that the bus is operated by a licensed or commissioned child care facility, has a current annual transportation safety inspection certificate as required by the appropriate licensing body, and has evidence of being inspected for use by a child care facility. If the bus is not a school bus, as defined in paragraph (55) of Code Section 40-1-1, or a multifunction school activities bus, as defined in 49 CFR 571.3(B), each child over four years of age and under six years of age shall be properly restrained by a safety belt. Multifunction school activities buses, as defined in 49 CFR 571.3(B), shall not be required to transport children five years of age in a child passenger restraining system."

Signed: May 13, 2004

Effective: July 1, 2004

v House Bill 1063

Motorized cart; redefine; amend provisions

Ø Section 1 – Amends paragraph (32) of Code Section 40-1-1 to define a ‘motorized cart” as follows:

"(32) 'Motorized cart' means every motor vehicle having no less than three wheels and an unladen weight of 1,300 pounds or less and which cannot operate at more than 20 miles per hour ~~and which is designed to carry not more than two persons, including the driver~~."

Ø Section 2 – Amends subsection (a) of Code Section 40-5-21 relating to person exempt generally from driver’s license requirements by adding a new paragraph (12) to read as follows:

"(12) Any person while operating a motorized cart:

(A) On any way publicly maintained for the use of motorized carts by the public and no other types of motor vehicles in accordance with a local ordinance adopted pursuant to subsection (a) of Code Section 40-6-331; or

(B) When crossing a street or highway used by other types of motor vehicles at a location designated for such crossing pursuant to subsection (d) of Code Section 40-6-331."

Ø Section 3 – Amends Code Section 40-6-331 to read as follows:

"40-6-331.
(a) A local governing authority may, by ordinance, designate certain public streets or portions thereof that are under its regulation and control for the combined use of motorized carts and regular vehicular traffic or the use of motorized carts and no other types of motor vehicles and establish the conditions under which motorized carts may be operated upon such streets or portions thereof, including without limitation the conditions under which a person may operate motorized carts on such designated streets or portions thereof without a driver’s license.

(b) Such ordinances may establish operating standards but shall not require motorized carts to meet any requirements of general law as to registration, inspection, or licensing; provided, however, that a local governing authority may, by ordinance, require the local registration and licensing of such carts operated within its boundaries for a fee not to exceed $15.00, the license to remain permanently with such cart unless such cart is sold or the license is destroyed. The provisions of this subsection and the authority granted by this subsection shall not apply to motorized carts owned by golf courses, country clubs, or other such organized entities which own such carts and make them available to members or the public on a rental basis, provided that such motorized carts are used only on the premises of such golf courses, country clubs, or other such organized entities.

(c) Ordinances establishing operating standards shall not be effective unless appropriate signs giving notice are posted along the public streets affected.

(d)(1) Motorized carts may cross streets and highways ~~under the jurisdiction of the Department of Transportation~~ that are part of the state highway system only at crossings or intersections designated for that purpose by the ~~department~~ Department of Transportation.
(2) Motorized carts may cross streets and highways that are part of a municipal street system or county road system and used by other types of motor vehicles only at crossings or intersections designated for that purpose by the local governing authority having jurisdiction over such system."

Signed: April 22, 2004

Effective: April 22, 2004

v House Bill 1113

Traffic control device preemption emitters; prohibition

Ø Section 1 – Adds a new Code Section 40-6-17 to read as follows:

"40-6-17.
(a) As used in this Code section, the term ‘traffic-control device preemption emitter’ means a mobile infrared transmitter or any other similar device which transmits an infrared beam, radio wave, or other signal used for the purpose of changing, altering, disabling, or disrupting the normal signal sequence of a traffic-control device.

(b) It shall be unlawful for any person other than law enforcement, fire department, or emergency personnel to use, possess with the ability to use, sell, or purchase a traffic-control device preemption emitter.

Signed: May 17, 2004

Effective: May 17, 2004

v House Bill 1158

Ignition interlock devices; limited driving permits

Ø Section 1 – Amends Code Section 42-8-112 by adding a new subsection to read as follows:

"(d)(1) If a person required to report to an ignition interlock provider as required by subsection (c) of this Code section fails to report to the provider as required or receives an unsatisfactory report from the provider at any time during the six-month period, the Department of Motor Vehicle Safety shall revoke such person’s ignition interlock device limited driving permit immediately upon notification from the provider of the failure to report or failure to receive a satisfactory report. Except as provided in paragraph (2) of this subsection, within 30 days after such revocation, the person may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Motor Vehicle Safety shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded.

(2) Any person whose ignition interlock device limited driving permit was revoked on or before July 1, 2004, for failure to report or failure to receive a satisfactory report may make a written request for a hearing and remit to the department a payment of $250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of $250.00, the Department of Motor Vehicle Safety shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded.

(3) If the hearing officer determines that the person failed to report to the ignition interlock provider for any of the reasons specified below, the Department of Motor Vehicle Safety shall issue a new ignition interlock device limited driving permit that shall be valid for a period of six months to such person. Such reasons shall be for providential cause and include, but not be limited to, the following:

(A) Medical necessity, as evidenced by a written statement from a medical doctor;

(B) The person was incarcerated;

(C) The person was required to be on the job at his or her place of employment, with proof that the person would be terminated if he or she was not at work; or

(D) The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure.

(4) If the hearing officer determines that the person failed to report to the ignition interlock provider for any reason other than those specified in paragraph (3) of this subsection, or if the person received an unsatisfactory report from the provider, after the expiration of 120 days the person may apply to the department and the department shall issue a new ignition interlock device limited driving permit to such person.
(5) This subsection shall not apply to any person convicted of violating Code Section 42-8-118."

Ø Section 2 – Amends Code Section 42-8-117 by adding a new subsection to read as follows:

"(2) This subsection shall not apply to any person whose limited driving permit has been revoked under subsection (d) of Code Section 42-8-112."

Signed: May 13, 2004

Effective: July 1, 2004

v House Bill 1168

Motor vehicles; driver’s license applicants; examination provisions

Ø Section 3 – Amends subsection (a) of Code Section 40-5-26 to read as follows:

"(a) The application of any person under the age of 18 years for an instruction permit or driver’s license shall be ~~signed~~:

(1) Signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult; or

(2) Signed and verified by a licensed driver training instructor before a person authorized to administer oaths when such instructor is acting as an agent for such purposes on behalf of the father, mother, or guardian of the applicant and such agency is evidenced by permission of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths and on such form as shall be prescribed by rule or regulation of the department."

Section 4 – Amends subsection (a) of Code Section 40-5-27 and adds subsection (d) and (e) to Code Section 40-5-27 to read as follows:

"(a) The department shall examine every applicant for a driver’s license, except as otherwise provided by subsection (d) of this Code section. Such examination shall include a test of the applicant’s eyesight, his or her ability to understand official traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive; provided, however, that the on-the-road driving test requirement shall not apply to any applicant for a Class C driver’s license who holds a Class D driver’s license issued on or after January 1, 2002. Applicants 18 years of age and older with valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant’s fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license."

"(d) The department shall implement a six-month pilot program to determine licensing requirements for licensed driver training schools to conduct on-the-road driving tests as provided in subsection (e) of this Code section. The department shall report the results of such pilot program to the House Committee on Motor Vehicles.

(e) If the department determines that the pilot program provided for in subsection (d) of this Code section is successful, it shall authorize licensed driver training schools to conduct on-the-road driving tests as provided in this subsection. The department shall, prior to approving a licensed driver training school to conduct on-the-road driving tests as provided in this subsection, make a determination that the school has been licensed for a minimum of one year and has conducted driver education and adult education courses on a full-time basis for such one-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests. The department shall authorize a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the testing provided for in this Code section, provided that the applicant has successfully completed a driver training course which includes a minimum of 30 class hours of instruction and six hours of private in-car training. The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class C or Class D driver’s license under this Code section."

"40-5-51.
(a) The privilege of driving a motor vehicle on the highways of this state given to a nonresident under this chapter shall be subject to suspension or revocation by the department ~~in like manner and for like cause as a driver’s license issued under this chapter may be suspended or revoked~~ only when suspension or revocation is required by law for the violation. No points shall be assessed as provided in Code Section 40-5-57 for any violation committed by a nonresident.

(b) The department is required, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
(c) When a nonresident’s operating privilege is suspended or revoked, the department shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein such person resides."

Ø Section 7 – Amends subsection (b) of Code Section 40-5-54 to read as follows:

"(b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms ~~provided~~ prescribed by the department of the suspension of the defendant’s driver’s license. The period of suspension shall be determined by the department for the term authorized by law. The court shall forward the notice of suspension and the defendant’s driver’s license to the department within ten days from the date of conviction. The department shall notify the defendant of the period of suspension at the address provided by the defendant."

Ø Section 1 – Amends paragraph (5) of Code Section 40-6-221 relating to definitions to read as follows:

(A) Is so ambulatorily disabled that he or she cannot walk 200 feet without stopping to rest;
(B) Cannot walk without the use of or assistance from a brace, a cane, a crutch, another person, a prosthetic device, a wheelchair, or other assistive device;

(C) Is restricted by lung disease to such an extent that his or her forced respiratory volume for one second, when measured by spirometry, is less than one liter, or when at rest, his or her arterial oxygen tension is less than 60 millimeters of mercury on room air;

(E) Has a cardiac condition to the extent that his or her functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or

(F) Is severely limited in his or her ability to walk due to an arthritic, neurological, or orthopedic condition or complications due to pregnancy; or

(G) Is a blind individual whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees."

Ø Part 1 – Addresses simple assault, simple battery, and battery against school employees.

Ø Part 2, Section 7 – Adds a new Code Section 40-6-165 to read as follows:

“"40-6-165.
(a) Prior to moving a school bus from a stop at which passengers have been loaded or unloaded, the driver of the bus shall check all mirrors to ensure that it is safe to place the bus in motion.

(b) Prior to loading or unloading passengers from a school bus, the driver shall engage the parking brakes of the bus and shall not release such brakes until each passenger boarding the bus is on board and until each passenger disembarking from the bus is off the roadway and safely on the pedestrian areas of the roadway.

(c) Prior to loading or unloading passengers from a school bus, the driver shall display the stop arm on the bus and shall not retract the stop arm until each passenger boarding the bus is on board and until each passenger disembarking from the bus is off the roadway and safely on the pedestrian areas of the roadway.

(d) The driver of a school bus shall not use or operate a cellular telephone or two-way radio while loading or unloading passengers.

(e) The driver of a school bus shall not use or operate a cellular telephone while the bus is in motion.

(f) The driver of a school bus shall instruct all passengers exiting the bus of the proper procedures of crossing the roadway in front of the bus only.

(g) The driver of a school bus shall ensure that the red flasher lights on the bus remain illuminated and flashing until all passengers have boarded or have exited the bus and have safely crossed the roadway and are safely on the pedestrian areas of the roadway.

(h) The driver of a school bus shall extend the extension arm or gate on the front of the bus until all passengers have boarded or have exited the bus and have safely crossed the roadway and are safely on the pedestrian areas of the roadway."

Ø Section 8 – Amends Code Section 40-8-111 to include the following requirements:

Each school bus used for the transportation of school children in the State of Georgia shall be in compliance with the State Board of Education bus specifications for the model year of such school bus.

Each public school system shall be required to maintain each of its school buses in good working condition, including all safety equipment required in accordance with the specifications established pursuant to subsection (a) of this Code section.

"20-2-701.
(a) Local school superintendents as applied to private schools and home study programs or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child.

(b) Local school superintendents or visiting teachers and attendance officers shall use their best efforts to notify any child 14 years of age or older who has only three absences remaining prior to violating the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such notification shall be made via first-class mail.

(c) Local school superintendents or visiting teachers and attendance officers shall report to the State Board of Education, which shall, in turn, report to the Department of Motor Vehicle Safety any child 14 years of age or older who does not meet the attendance requirements contained in subsection (a.1) of Code Section 40-5-22. Such report shall include the child’s name, current address, and social security number, if known.

(d) Subsections (b) and (c) of this Code section shall not be effective until full implementation of the state-wide education information system.”

Ø Section 21B – Amends subsection (a.1) of Code Section 40-5-22 to read as follows:

"(a.1)(1) The department shall not issue an instruction permit or driver’s license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver’s license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) ~~equivalency~~ diploma, a special diploma, or a certificate of high school completion, ~~has permission of his or her parent or guardian to withdraw from school,~~ or has terminated his or her secondary education and is enrolled in a postsecondary school or the records of the department indicate that said applicant:

(A) Is enrolled in and not under suspension from a public or private school and ~~satisfies~~ has satisfied relevant attendance requirements as set forth in paragraph (2) of this subsection for a period of one academic year prior to application for an instruction permit or driver’s license; or

(B) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses.

The department shall notify such minor of his or her ineligibility for an instruction permit or driver’s license at the time of such application.

(2) The department shall forthwith notify by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or driver’s license in accordance with this subsection other than a minor who has terminated his or her secondary education and is enrolled in a postsecondary school ~~or who has permission of his or her parent or guardian to withdraw from school~~ that such minor’s instruction permit or driver’s license is suspended subject to review as provided for in this subsection if the ~~records of the~~ department ~~indicate~~ receives notice pursuant to Code Section 20-2-701 that indicates that such minor:

(A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days;

(B) Has more than ten ~~consecutive~~ school days of unexcused absences in any semester or combination of two consecutive quarters; or

(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel;

(iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term "weapon" shall be defined in accordance with Code Section 16-11-127.1 but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school project;

(v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student.

Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person’s last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver’s license to the department and information summarizing the minor’s right to request an exemption from the provisions of this subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such minor’s petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor’s family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver’s license of the minor shall remain suspended. The suspension provided for in this paragraph shall be for a period ~~to end~~ of one year or shall end upon the date of such minor’s eighteenth birthday, but such minor’s instruction permit or driver’s license shall be reinstated if the minor submits evidence satisfactory to the department that he or she has resumed regular studies as determined by the State Board of Education and qualifies for an instruction permit or driver’s license under the provisions of this subsection, upon payment of a restoration fee of $50.00; provided, however, that any instruction permit or driver’s license suspended pursuant to subparagraph (C) of this paragraph shall not be reinstated until 90 days after the effective date of the suspension of such permit or license whichever comes first.

(3) The State Board of Education and the commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection. "

Ø Section 1 – Adds a new Code Section 40-2-86.9 to provide for the manufacture and issuance of license plates supporting Rotary International provided at least 1,000 applications are received.

Ø Section 1 – Amends subparagraph (A) of paragraph (5) of Code Section 40-6-395 to read as follows:

"(5)(A) Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense other than a violation of this chapter, operates his or her vehicle in excess of 30 miles an hour above the posted speed limit, strikes or collides with another vehicle or a pedestrian, flees in traffic conditions which place the general public at risk of receiving serious injuries, or leaves the state shall be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both."

Motor Vehicles; certificate of registration/title; change certain provisions

Ø Section 1 – Amends subsection (a) of Code Section 40-5-53 to read as follows:

“(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver’s license then held by the person so convicted and the court shall thereupon forward the same to the department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the department shall destroy any suspended or revoked drivers´ licenses, permits, or identification cards forwarded to it under this or any other provision of law. The department shall issue a new driver’s license, permit, or identification card upon satisfaction of the applicable reinstatement requirement, including but not limited to the payment of the applicable reinstatement fee. No additional fee shall be required for the issuance of a replacement driver’s license, permit, or identification card.”

Ø Section 2 – Amends subsection (e) of Code Section 40-5-57 to read as follows:

“(e) The periods of suspension provided for in this Code section shall begin on the date the license is surrendered to and received by the department, from the date a license is surrendered to a court under any provision of this chapter, or on the date that the department processes the citation or conviction, whichever date shall first occur. If the license cannot be surrendered to the department, the period of suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit shall be controlling.”

Ø Section 3 – Amends paragraph (1) of subsection (b) of Code Section 40-5-57.1 to read as follows:

“(1) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:

(A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her driver’s license reinstated after six months; and

(B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her driver’s license reinstated after 12 months; or”.

Ø Section 4 – Amends subsection (e) of Code Section 40-5-61 to read as follows:

“(e) For the purpose of making any determination under this Code section relating to the return of revoked or suspended licenses to drivers, the period of revocation or suspension shall begin on the date the license is surrendered to the department or a court of competent jurisdiction under any provision of this chapter or on the date that the department processes the citation or conviction, whichever date shall first occur. If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit by the department shall be controlling.”

Ø Section 5 – Amends paragraph (1) of subsection (a) of Code Section 40-5-62 to read as follows:

“(1) Five years from the date on which the revoked license was surrendered to and received by the department pursuant to a person’s having been declared a habitual violator under Code Section 40-5-58 or from the date on which the department processed the citation or conviction, reduced by a period of time equal to that period of time which elapses between the date the person surrenders his driver’s license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or”.

Ø Section 6 – Amends subsection (3) of Code Section 40-5-64 to read as follows:

“(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the driver’s eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicant’s driver’s license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, upon the expiration of 120 days following conviction in the case of a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver’s license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver’s license to the court in which the conviction was adjudged, to the department, or if the department has processed the citation or conviction. Upon the applicant’s execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver’s license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit.”

Ø Section 7 – Amends subsection (b) of Code Section 40-5-75 to read as follows:

“(b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver’s license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of surrender of the driver’s license or on the date that the department processes the conviction or citation, whichever shall first occur.”

Ø Section 10 – Amends paragraph (1) of subsection (c) of Code Section 40-5-36 to read as follows:

“(1) Veterans who were residents of Georgia at the time of enlistment or commissioning and are residents at the time of application for the license, or who have been residents of Georgia for at least two years immediately preceding the date of application for the license, who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or any conflict when personnel were committed by the President of the United States, whether or not such veteran was assigned to a unit or division which directly participated in such war or conflict, except for periodic transfer from reserve status to active duty status for training purposes, and who were discharged or separated under honorable conditions; and”.

Ø Section 1 – Amends paragraph (5) of Code Section 40-1-1 to read as follows:

"(5) 'Authorized emergency vehicle' means a motor vehicle belonging to a public utility corporation or operated by the Department of Transportation and designated as an emergency vehicle by the Department of Public Safety; a motor vehicle belonging to a fire department or a certified private vehicle belonging to a volunteer firefighter or a fire-fighting association, partnership, or corporation; an ambulance; or a motor vehicle belonging to a federal, state, or local law enforcement agency, provided such vehicle is in use as an emergency vehicle by one authorized to use it for that purpose."

Ø Section 2 – Amends subsection (a) of Code Section 40-6-52 to read as follows:

"(a) As used in this Code section, the term 'truck' means any vehicle equipped with more than six wheels, except buses and motorcoaches."

"40-6-53.
(a) On roads, streets, or highways with three or more lanes allowing for movement in the same direction, it shall be unlawful for any bus or motorcoach to operate in any lanes other than the two most right-hand lanes, except when the bus or motorcoach is preparing for a left turn, is moving to or from an HOV lane, or as otherwise provided by subsection (c) of this Code section.

(b) On roads, streets, or highways with two lanes allowing for movement in the same direction, it shall be unlawful for any bus or motorcoach to operate in the left-hand lane, except when the bus or motorcoach is actually overtaking and passing another vehicle, preparing for a left turn, or as otherwise provided by subsection (c) of this Code section.

(c) On interstate highways with four or more lanes allowing for movement in the same direction, the Department of Transportation may designate specific lanes that either prohibit or allow buses or motorcoaches. Where such usage has been so designated and indicated by signs erected by the Department of Transportation, it shall be unlawful for any bus or motorcoach to operate in any lanes other than those designated for its use except when moving to or from an HOV lane.

(d) When moving to or from an HOV lane, a bus or motorcoach shall move to the proper lanes of travel expeditiously and in the shortest distance possible under the circumstances."

(a) The Department of Transportation may designate travel lanes on any road in the state highway system for the exclusive use of certain vehicles, as provided in Code Section 32-9-4; provided, however, that where such designation has been made, the road shall be appropriately marked with signs or other roadway markers or markings to inform the traveling public of the restrictions imposed.

(b) Any person who violates subsection (b) of Code Section 32-9-4 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine:

(4) Not to exceed $150.00 plus one point on such person’s driver’s license as provided for under Code Section 40-5-57 for the fourth or subsequent offense.

(c) In the prosecution of an offense committed in the presence of or witnessed by a law enforcement officer whether by direct observation or as recorded through means of video surveillance, either by magnetic imaging or photographic copy, of failure to obey a road sign restricting a highway or portion thereof to the use of high occupancy vehicles (HOV), proof that the vehicle described in the HOV violation summons was operated in violation of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute evidence as a rebuttable presumption that such registered owner of the vehicle was the person committing the violation. Notwithstanding any other provision of this subsection to the contrary, said rebuttable presumption shall be overcome if the owner of said vehicle states, under oath, in open court, that he or she was not the operator of the vehicle at the time the alleged offense occurred.

(d) The General Assembly finds and declares that the development, improvement, and use of exclusive or preferential high occupancy vehicle lanes, emergency vehicle lanes, and truck lanes or routes should be undertaken in order to relieve congestion and increase the efficiency of the federal-aid highway system. The Department of Transportation in cooperation with the State Road and Tollway Authority is hereby authorized to implement high occupancy toll (HOT) lanes where appropriate in qualifying HOV lanes. A 'HOT lane' is a designated lane which allows single occupancy vehicles to gain access to HOV lanes by paying a toll set by the State Road and Tollway Authority. The department may design and develop a system of HOT lanes which uses value pricing and lane management. 'Value pricing' recognizes the need to vary the road user charge according to the levels of congestion and time of day; and 'lane management' restricts access to the designated HOT lanes based on occupancy, vehicle type, or other objective which would maximize the efficiency of the federal-aid highway system."

Motor Vehicles; removal of vehicles in traffic accidents from all public roads

"40-6-275.
(a) Any other provision of this article or any other law to the contrary notwithstanding, motor vehicles involved in traffic accidents and the drivers of such motor vehicles shall be subject to the provisions of this Code section.

(b) This Code section shall apply to motor vehicle traffic accidents which occur on the public roads of this state as defined in paragraph (24) of Code Section 32-1-3. Any violation of this Code section shall be punishable as a misdemeanor pursuant to Code Section 40-6-1.

(c) When a motor vehicle traffic accident occurs with no apparent serious personal injury or death, it shall be the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any such motor vehicle who possesses a valid driver’s license, to remove said vehicles from the immediate confines of the roadway into a safe refuge on the shoulder, emergency lane, or median or to a place otherwise removed from the roadway whenever such moving of a vehicle can be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and can be operated under its own power in its customary manner without further damage or hazard to itself, to the traffic elements, or to the roadway. The driver of any such motor vehicle may request any person who possesses a valid driver’s license to remove any such motor vehicle as provided in this Code section, and any such person so requested shall be authorized to comply with such request.

(d) The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in subsection (c) of this Code section before the arrival of a police officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this Code section.

(e) This Code section shall not abrogate or affect a driver’s duty to file any written report which may be required by a local law enforcement agency, but compliance with the requirements of this Code section shall not allow a driver to be prosecuted for his or her failure to stop and immediately report a traffic accident.

(f) This Code section shall not abrogate or affect a driver’s duty to stop and give information in accordance with law, nor shall it relieve a police officer of his or her duty to render a report in accordance with law.

(g) Employees of the Department of Transportation, in the exercise of the management, control, and maintenance of the state highways, may require and assist in the removal from the main traveled way of roads on the state highway system of all vehicles incapacitated from any cause other than having been involved in a motor vehicle accident and of all vehicles incapacitated as a result of motor vehicle traffic accidents and of debris caused thereby when such motor vehicle accidents occur with no apparent serious personal injury or death, where such move can be accomplished safely by the drivers of the vehicles involved or with the assistance of a towing or recovery vehicle and will result in the improved safety or convenience of travel upon the road. However, a vehicle incapacitated as a result of a motor vehicle traffic accident with apparent serious personal injury or death may not be moved until the enforcement officer has made the necessary measurements and diagrams required for the initial accident investigation."

[1] For persons “operating” a vehicle.

[2] The provisions of O.C.G.A. §40-6-45(a)(1), relating to improper passing on a hill or curve, are excluded pursuant to the provisions of O.C.G.A. §40-5-57(c)(1)(A).

Traffic Court

Reference Manual

2004 Edition

Georgia Department of Motor Vehicle Safety

Commissioner James R. (Jim) Davis

Driver Services Division

Administrative Requirements

Procedures for Changing or Modifying Sentences or Judgments

Report of Convictions

Traffic

SPECIAL SECTION FOR DRIVERS UNDER 21 YEARS OF AGE

First Suspension While Under 21 Years of Age

Second or Subsequent Suspension While Under 21 Years of Age

First Conviction of DUI

Second Conviction of DUI

Third Conviction of DUI

Implied Consent Suspension

O.C.G.A. §40-5-55 and O.C.G.A. §40-5-67.1

Administrative License Suspension

O.C.G.A. §40-5-67.1

First Suspension

Gasoline Drive Off

First Assessment

DDS Rule 375-3-3-.01

Moving Traffic Violations Defined

O.C.G.A. §40-5-86

Commercial Driver’s License

GENERAL INFORMATION

§ Top Block

“FAILURE TO APPEAR”

§ Second Block

§ Third Block