My Cousin Danny
DDS Administrative License Suspensions/Revocations
In most instances your license will be suspended after an arrest for DUI in Gwinnett County Georgia, Fulton County Georgia, DeKalb County Georgia, Cobb County Georgia and within the State of Georgia. A person’s license will also be administratively suspended by the Department of Driver’s Services for violations of these offenses:
- Refusal to submit to a test to determine the driver’s alcohol concentration (§40-5-55)
- Blood alcohol concentration (BAC) level requires suspension (§40-5-67.1)
- Georgia residents who have accumulated at least 15 points in any consecutive 24-month period (§40-5-57)
- Failure to Respond to Citation (§40-5-56)
- Noncompliance with Child Support Order (§40-5-54.1)
- Failure to pay the Super Speeder Fee (§40-6-189)
- Ignition Interlock Device Permit (§42-8-112)
- Medical Revocation (§40-5-59)
- Safety Responsibility (§40-9-3)
Revocations Triggered by Operation of Law
In Gwinnett County Georgia, Fulton County Georgia, DeKalb County Georgia, Cobb County Georgia and within the State of Georgia a person’s license will be suspended operation of law by the Department of Driver’s Services for violations of these offenses:
- Any moving violation conviction while driving with limited permit
See O.C.G.A 40-5-64 & 40-5-64.1
- Habitual Violator (§40-5-58)
- Violating conditions of limited permit (§§40-5-64, 40-5-64.1)
You Must Request a Hearing if You Wish to Drive While Your DUI Case is Pending
Remember, a DeKalb County, Fulton County, Cobb County, Gwinnett County of State of Georgia DUI Arrest triggers two different battles and the possibility of two separate license suspension. Failure to request a hearing with DDS is not advised because you will automatically relinquish your right to challenge any administrative license penalties you are facing and your driver’s license will be suspended. Furthermore, the license suspension hearing is an opportunity to depose or question the arresting officer prior to court trial without the presence of a prosecutor. You will be able to create a record or transcript of the arresting officer’s testimony. My Cousin can use this transcript to impeach the officer if he changes his testimony at trial. Failure to go to the administrative hearing without My Cousin Danny is suicide because you are not equipped to get up to speed on the rules of evidence and art of cross examination necessary to defeat the trained testimony of a police officer in a just a few weeks’ time. Donato “Dan” Palumbo- a/k/a My Cousin Danny began his legal career in 2005 when he entered Pace Law School in White Plains, New York, and graduated with honors in 2009. Dan has been practicing law since 2010, is a member in good standing with the State Bar of Georgia, State Bar of New York, admitted to practice before the Georgia Court of Appeals, and Supreme Court of Georgia. Dan is also admitted to practice before the United States District Court for the Southern District of New York, and the United States District Court, for the Northern District of Georgia. Dan is experienced in trial practice, cross-examination, and criminal litigation; including traffic tickets, DUI, misdemeanors, and felony cases. A driver’s license represents freedom. You need a successful professional protecting your freedom- you need My Cousin Danny.
Do you need a Lawyer? You sure do; 470-275-1500.
30 Day Notice
In Fulton County DUI Court, DeKalb County Magistrate Court, Gwinnett County Superior Court, Cobb County Georgia or any Georgia DUI case, you have 30 days to begin protecting your ability and privilege to drive. You have only 30 days from the date of your arrest to have My Cousin Danny file an appeal with DDS to maintain your ability to drive during the pendency of the DUI case. The DSS appeal has a $150 filing fee and must be done to keep your ability to drive; or at least limit your license suspension in a HV case. Call My Cousin Danny to limit the suspension of your license and get your license restored as quickly as possible, 470-275-1500.
If requested My Cousin will send the Thirty (30) Day Letter and not charge you; that’s right- something free from a lawyer. You will need to pay any fee for the hearing but My Cousin Danny will send the letter for you to preserve your rights. If retained, My Cousin Danny will send the letter certified mail with a return receipt requested for proof of delivery. Preparing and sending the letter is free, but you must provide $150 filing fee for the Georgia Department of Driver Services. If you do not hire My Cousin Danny, we will not receive any notice for your hearing and will not be tracking the case for you. It is your responsibility to make sure you appear at your license hearing; your license will most likely be suspended administratively for your Georgia DUI arrest if you fail to attend the hearing. But why go it alone, have My Cousin Danny provide the expertise and representation you need. Do you need a Lawyer? You sure do. (470) 275-1500
Timing of Hearing
The Administrative license suspension hearing usually occurs between 45 and 90 days after the sending the letter. In some cases, the license hearing cane be delayed in excess of six months. It is necessary in some instances to obtain an extension of your driving permit from the Georgia Department of Driver Services while you await an administrative license suspension hearing.
Form DDS- 1206 and Department of Driver Services Hearing
Following a DUI arrest or the refusal to take a breath or blood test in Georgia, you will have your driver’s license suspended until the criminal court hearing. However, you have the right to file an appeal with the Georgia Department of Driver Services (DDS) to contest the suspension. To Contest a DUI/Administrative License Suspension, or Limited Consent License Suspension the the fee is $150.00; to contest a permit suspension for a 2nd DUI the fee is $250.00. Upon receipt of your hearing request, filing fee, and the DDS Form 1205 from the arresting officer, the case will be docketed with the Office of State Administrative Hearings (OSAH), and the DDS will mail an extension of your temporary driving permit if your license/driving privilege is otherwise valid. You will receive notice of the date, time and place of the hearing by mail from OSAH. The appeal will allow you and My Cousin Danny to go to OSHA for a hearing to plead your case against license suspension. The OSHA hearing is only to determine the initial license suspension, not to make a ruling on the criminal DUI charge. The Administrative License Suspension hearing determines whether the DUI defendant’s driving privileges will be suspended prior to a conviction of DUI in criminal court. A conviction for DUI in criminal court carries other additional license suspension provisions in addition to the administrative license suspension. However, if you prevail at the administrative license suspension hearing you will keep your license until final resolution of your DUI case, and that can be many many months.
Do I need a Lawyer? You sure do; 470-275-1500.
Because the Administrative License Suspension Hearing is not a criminal matter the license holder does not have to appear, if she or he is represented by counsel (unless the license holder has been subpoenaed).
At the administrative license suspension hearing one of three things can happen: (1) the Administrative License Suspension can be “rescinded” or dismissed by the failure of the arresting officer to appear; (2) your attorney and the arresting officer can enter into an agreement to “rescind” or dismiss the administrative license suspension; or (3) a hearing will be held to determine if the arresting officer can present sufficient evidence of the need to suspend your driver’s license administratively for a DUI arrest.
At this hearing, an Administrative Law Judge will determine if certain statutory factors were met. The arresting officer (representing DDS) will testify first in order to establish that the factors were met. The My Cousin Danny will be able to cross-examine the officer to show that the necessary statutory factors were not present, if applicable.
Do you need a Lawyer? You sure do; 470-275-1500.
The arresting officer must show that there was reason to believe that you were driving a vehicle while under the influence of alcohol or drugs; were lawfully placed under arrest, or an accident occurred as a result of you driving under the influence; and you were properly read and advised of statutorily required consent laws, and the penalties for refusing to a BAC test; and you refused the test or were given a test with results above the legal limit for your classification of license; and all tests were administered legally, handled by the correct individuals, and the machines used was in good working order. The administrative judge will make a decision within five business days. A decision favorable to the motorist will result in their driver’s license being reinstated; while a ruling supporting the officer’s testimony will result in suspension of the motorist’s driving privileges. See, https://osah.ga.gov/wp-content/uploads/2016/07/post-duilicensing.pdf
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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Tucker, GA 30084
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