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Resolved Question

Court Ordered Suspension?

Can the Court suspend my license longer than the law requires it to? If so, how is this possible?

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• 
  Kenneth D. Brown, Esq.

  If the court wishes to suspend the driver’’s license as a condition of probation, the driver’’s license (or the DS- 250A Lost License Affidavit) should accompany the citation and the notice of suspension form (DS-1190) if submitted by mail. 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 become effective on the date of disposition, in addition to any other suspension(s) generated by DDS.

  If the court reports electronically, vendors should provide a ‘‘check-box’’ or other method of reporting a court- ordered suspension and the duration (please contact your vendor for more information). The court should then mail the license and the notice of suspension form (DS-1190) to DDS, but SHOULD NOT mail the citation/conviction form or order.

  If the court wishes to suspend the driver’’s license beyond the time which is required by law, the court must indicate a specific duration or end date. Because the suspension is part of probation, it must not be ordered for any period longer than that which the defendant will be on probation. See Brock v. State, 165 Ga. App. 150, 299 S.E.2d 71 (1983).

  If you seek additional Assistance or would like to speak with an attorney please call us at 404-766-8002 and ask for Ken Brown or email Kenbrown@laylawlegal.com 

  
  

  • 01/10/2012 19:26
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