Certain traffic citations in Georgia carry what the Dept. of Driver Services deems mandatory suspensions. Obviously, this means that entering a guilty plea or being found guilty of these charges will carry harsh consequences that could even prevent you from lawfully commuting to most places. If you have been charged with one of the following offenses, give us a call before going to court or attempting to simply pay your ticket and move on.
- Felonies involving the use of a motor vehicle: These charges include any felony that specifically alleges a motor vehicle was used during the commission of the crime and includes felony drug charges.
- Driving on revoked, cancelled, or suspended registration: Most registration issues carry a mandatory suspension if you plead guilty, so, before you go to court you will want to do your best to restore your current registration with the Georgia DDS and your county tag office.
- Hit and Run: Hit and run, or leaving the scene of an accident charges result in a mandatory suspension. However, with the right approach, your attorney may be able to negotiate for one of the lesser included offenses within this code section, such as “failure to report an accident” that do not carry the mandatory suspension. Officers often times misclassify these lesser, related offenses as “hit and run.”
- Racing: Street racing carries a mandatory suspension if you are found guilty. The related charge of reckless driving does not carry an automatic suspension, but rather four points.
- Fleeing or attempting to elude officers: Whether misdemeanor or felony fleeing, it does result in a mandatory license suspension.
- Homicide by Vehicle: Both misdemeanor and felony homicide by vehicle charges carry mandatory license suspensions.
- Serious injury by vehicle: Felony serious injury by vehicle will result in a mandatory suspension.
- Driving Under the Influence (DUI): under Georgia law, the past 5 years are examined by DDS to compute the mandatory license suspension for DUI charges. Generally, on a first DUI, a mandatory 120 day suspension is put in place, during which time you may apply for a limited permit. However, if you refused testing and the officer has pursued an administrative suspension, the analysis is different.
When defending charges that carry a mandatory suspension, it is important to understand which lesser charges could be used to help avoid these hard consequences. For instance, we have a good track record of negotiating for hit and run charges to be amended to one of the related offenses that does not carry a mandatory suspension, like failure to report on accident, or striking an unattended vehicle. Additionally, all traffic offenses have generic catch-all sections like “basic rules” that will not even be reported to driver services. Of course, whether you will be able to negotiate for such an advantageous outcome depends on numerous factors.
If you do face one of these mandatory suspension charges, you may be eligible for a limited permit if push comes to shove. While not ideal, the Dept. of Driver Services does issue limited permits depending on the charges and circumstances. Generally, these permits will be valid for whatever suspension time you are facing and allow you to drive to certain places, including work, medical appointments, court obligations and the like. If you do have a suspension, you’ll have to follow the requirements to reinstate your license after the mandatory time.
If you have been charged with any of the above offenses, you are facing a DDS mandatory suspension. Reach out today to discuss your case and how we can negotiate on your behalf to avoid these hefty suspension times. Our team represents drivers in the Forsyth County court system, as well as surrounding Metro Atlanta courts.