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 (1st 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 (2nd 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.
OR
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 21st 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 (1st
Degree) [O.C.G.A. §40-6-393 (a) or (c)];
2.
Homicide by Vehicle (2nd
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 (1st Degree) [O.C.G.A. §40-6-393.1 (a)
(1)];
11. Feticide by Vehicle (2nd 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 1st or
2nd 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;
(C) Times of travel;
(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 (1st
Degree) [O.C.G.A. §40-6-393 (a) or (c)];
2.
Serious Injury by Vehicle
(O.C.G.A. §40-6-394);
---------------------------------------------------------------------------------------------------------
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 (2nd
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);
GA
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