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Mandatory Suspensions for Drivers Under 21 Years of Age O.C.G.A. §40-5-57.1

While many people yearn for the days of their youth it was not all for the better. Young drivers are treated differently in the State of Georgia, Fulton County Court, Cobb County Superior Court, DeKalb County State Court, Gwinnett County State Court than drivers over 21 years on age. Many offenses have a different effect when committed by those defendants who are under 21 years of age at the time of conviction.

Do you need a Lawyer? You sure do. 470-275-1500

Mandatory suspensions for drivers under 21 include:

  • Hit and run or Leaving the scene of an accident, O.C.G.A. §40-6-270;
  • Racing on highways or streets, O.C.G.A. §40-6-186;
  • Using a motor vehicle in fleeing or attempting to elude an officer,

O.C.G.A. §40- 6-395;

Reckless driving, O.C.G.A. §40-6-390;

  • Improper passing on a hill or a curve, O.C.G.A. §40-6-45(a)(1);
  • Unlawful passing of a school bus, O.C.G.A. §40-6-163;
  • Exceeding the speed limit by 24 mph or more, O.C.G.A. §40-6-181;
  • Aggressive driving, O.C.G.A. §40-6-397;
  • Driving Under the Influence, O.C.G.A. §40-6-391;
  • Accumulation of 4 or more points in any 12-month period by a person under the age of 18

Failure to Appear O.C.G.A. §40-5-56; §17-6-11

A failure to appear for a court hearing will cause a bench warrant to be issued and the Failure to Appear (FTA) submitted to DDS for suspension of driving privileges. A failure to appear on certain offenses will cause a notice of suspension to be mailed to the driver to give him or her 28 days to resolve the failure to appear before their licenses is suspended. However many offenses do not require the 28 day notice period:  §40-6-393 Homicide by Vehicle (1st and 2nd Degree) (§§40-5-54, 40-5-63); §40-6-270 Hit and Run or Leaving the Scene of an Accident (§§40-5-54, 40-5-63); §40-6-394 Serious Injury by Vehicle (§§40-5-54, 40-5-63); §40-6-393.1 Feticide by Vehicle (1st Degree) (§§40-5-54, 40-5-63); §40-6-15 Operating a motor vehicle with a revoked, cancelled, or suspended registration (§§40-5-54, 40-5-63); §40-6-186 Racing on Highways or Streets (§§40-5-54, 40-5-63); §40-6-395 Using a motor vehicle in fleeing or attempting to elude an officer (§§40-5-54, 40-5-63); §40-6-391 Driving under the Influence/DUI –Child Endangerment (§40-5-63); §40-6-10 No Insurance/Failure to Show Proof of Insurance (§40-5-70); §40-5-121 Driving While License Suspended or Revoked (§40-5-121); §40-6-390 Reckless Driving (any age, see 17-6-11(b)(2)(C)); §40-6-397 Aggressive Driving (any age, see 17-6-11(b)(2)(C))

For persons under the age of 21 who are Georgia residents, any of the above convictions AND: §40-6-45(a)(1) Improper Passing on a hill or curve (§40-5-57.1); §40-6-163 Unlawful passing of a school bus (§40-5-57.1);§40-6-181 Exceeding the speed limit by 24 mph or more (§40-5-57.1) will result in a suspension of driving privileges without being given 28 days to clear the Failure to Appear with the Court.

Do you need a Lawyer? You sure do. 470-275-1500

Mandatory Suspension

The Department of Driver Services shall suspend a license for a conviction of any of the following offenses in Georgia or any other state:

  • Homicide by vehicle.
  • Any felony in the commission of which a motor vehicle is used.
  • Using a motor vehicle in fleeing or attempting to elude an officer.
  • Hit and run or leaving the scene of an accident.
  • Operating a motor vehicle with a revoked, canceled, or suspended registration.

 Mandatory Revocation

When a license is revoked driving, privileges are terminated and withdrawn until the end of the prescribed time period brought on by formal action by DDS. At the expiration of the revocation period and once all requirements are met, applicant is eligible to restore driving privileges.

Your driver’s license will be revoked in Fulton County Georgia, Gwinnett County Georgia, DeKalb County Georgia, Cobb County Georgia or in any County of the State of Georgia, if you are convicted of one of the following:

  • A driver is declared a habitual violator for any third conviction of a mandatory suspended offense within 5 years. Revocation is for 5 years.
  • Refusal to submit to a re-examination of driving skills or knowledge of driving rules after receiving notice giving reasonable grounds for such a request.
  • If there is sufficient evidence of incompetence or unfitness to drive, due to being incapacitated by reason of disease, mental or physical disability, or by alcohol or drug addiction.

Other Common Suspensions

  • Refusal to take a chemical test in conjunction with an arrest for DUI.
  • Conviction for driving without insurance.
  • Conviction for driving while suspended.
  • Failure to appear in court or respond to a traffic citation, your license may be suspended indefinitely.
  • Any felony that involved the use of a motor vehicle.
  • You have accumulated 15 points within 24 months under the Georgia point system, including violations committed out of state. Select for information on Points and Points Reduction.
  • A conviction for driving under the influence of alcohol or drugs.

Limited Driving Permits

In some situations, a limited driving permit may be available for a fee during the suspension period. A limited driving permit will restrict the places and purpose that you are allowed to drive such as:

  • Driving to your place of employment to perform the normal duties of your occupation.
  • Receiving scheduled medical attention or obtain prescribed drugs.
  • Attending classes at a college or school in which you are enrolled as a student.
  • Attending regularly scheduled sessions or meeting of support organizations for the treatment of alcohol or other drugs.
  • Attending a driver education program or alcohol/drug assessment and treatment program.
  • Attend court, report to community supervision or probation, or to perform community service.
  • Transport unlicensed immediate family members to obtain medical care or prescriptions, to work, or to school.
  • Attend any programs or activities ordered by an accountability court judge.
  • DDS may also specify the places you can travel to, specific routes of travel, times of travel, and indicate vehicles, or other restrictions deemed necessary. Limited driving permits are not valid for driving a commercial vehicle.

A limited driving permit will be revoked by DDS if you are convicted of violating any state law or local ordinance relating to the movement of vehicles, violating any of the conditions or restrictions of your permit, or if another suspension is imposed.

Common Legal Questions

How do I file for divorce?

A divorce is initiated by filing a Domestic Relations Case Initiation Form, Summons, and Petition for Divorce with the Court Clerk of the relevant County of the Parties; and paying a filing fee. Once a divorce is properly filed the Respondent (person not initiating the divorce) must be served with process.

How long before I get my license back?

It depends on your past driving history, your age, the class of driver’s license you have and the current charges against you.  As an example, for drivers over 21 years old a second, non-drug-related DUI conviction within five years of the prior conviction will result in DDS will suspending your license for three years.  Call to discuss the specifics of your case.

What Can i drive with a DUI?

Once again, it depends. If your DUI conviction was drug-related (the influence of drugs alone, or alcohol and drugs combined) you face different rules regarding license suspension. For a second DUI-Drug conviction in five years, DDS will issue a yearlong “hard suspension” of your license, meaning that you won’t be allowed to drive for 12 months, period. But if you enter an alternative sentencing program like a DUI or Drug Court, you might be eligible for limited permit.

Can I get 50/50 Custody?

In Georgia child custody has two components: legal custody and physical custody. Legal custody is the right and ability to talk to your child’s doctor, teachers and such. Think of it as the ability to have a say in their life. Physical custody is the person who the child primarily lives with.  Most divorcing parents will have joint legal custody (50/50 custody) of any minor children born of the marriage, while designating one parent as the physical custodian of the child or children.  However, it is possible to have 50/50 joint legal and physical custody.

How much does a divorce cost?

There is no magic answer to that question. Other than everybody paying the same filing fee to initiate a divorce each divorce contains different issues, different disputes and different personalities. The Parties to the divorce have the biggest influence on the final cost of the divorce.  Litigants who are fighting over silverware and toiletries out of spite for each other are likely to spend a larger amount that people who have resolved most of their issues.  High value divorces with stocks, multiple parcels of real property, business or large pre-marital assets will also cost more than divorces with less assets.  Lawyers sell their time. A divorce that takes more hours is going to cost more than a divorce that takes less hours. Let’s talk about your divorce so you will have an idea of the total cost.

Can i leave the state with my kids?

A well drafted parenting plan will cover contingencies and events you might not have though of. Interstate, intrastate and international travel are all issues that should be considered before signing any agreement.  Depending on the facts of your case out of state travel with your children should be permissible with reasonable notice to the child’s other parent. What is reasonable notice? Call me, and lets talk.    

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