Guest92

Resolved Question

Mandatory Suspensions

My son called me and told me that he had got into a little trouble. All he said was that he was possibly getting his license suspended. What are offenses that require the court to suspend your license?

Best Answer - Chosen by Administrator

• 
  Kenneth D. Brown, Esq.

  The following section describes the administrative actions taken against the driving privileges of an individual for a conviction of a ‘‘mandatory suspension’’ listed in O.C.G.A. 40-5-54. First addressed are adjudications in a five year period. Reinstatement requirement for all offenses listed, as well as treatment for second and third adjudications are described in detail on the following.

   

  Court Responsibilities for First/Second adjudication of any of these Mandatory Suspensions: Upon conviction, or plea of nolo contendere when it is not accepted by DDS, the court shall:

   

  Serve the defendant with the court notice of suspension using the official DS-1190 form.Seize the defendant’’s driver’’s license, or if applicable, complete an official Lost License Affidavit (DS-250A form).Report the disposition electronically within 10 days after disposition and mail the DS-1190 form and driver’’s license/Lost License Affidavit to DDS.

  Any felony in the commission of which a motor vehicle is used

  Plea of nolo contendere - Yes, if the defendant is at least 18 years of age at time of disposition. Suspension upon conviction –– Yes; 120 day period beginning on effective date. Limited Driving Permit –– Yes - $25, non-renewable, valid for 1 year from date of issuance.

   

  Fraudulent or Fictitious Use of or Application for a License or ID Card O.C.G.A. §§40-5-120 or 40-5-125

  Plea of nolo contendere - Yes, if the defendant is at least 18 years at the time of disposition. Suspension upon conviction –– Yes; 120 day period beginning on effective date. Limited Driving Permit –– Yes - $25, non-renewable, valid for 1 year from date of issuance.

   

  Operating a Motor Vehicle with a Revoked, Cancelled, or Suspended Registration O.C.G.A. §40-6-15

  Plea of nolo contendere –– Not accepted; shall be treated as a conviction. Suspension –– Yes; 120 day period beginning on effective date.

  Limited Driving Permit –– Yes - $25, non-renewable, valid for 1 year from date of issuance.

  Racing on Highways or Streets O.C.G.A. §40-6-186

  Plea of nolo contendere –– Yes, if the defendant is at least 21 years at the time of disposition. Suspension upon conviction –– Yes; 120 day period beginning on effective date. Limited Driving Permit –– Yes - $25, non-renewable, valid for 1 year from date of issuance.

  Hit & Run/Leaving the Scene of an Accident O.C.G.A. §40-6-270

  Plea of nolo contendere –– Not accepted; shall be treated as a conviction. Suspension –– Yes; 120 day period beginning on effective date. Limited Driving Permit –– Yes - $25, non-renewable, valid for 1 year from date of issuance.

  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 e-mail kenbrown@laylawlegal.com 

   

   

   

   

  
  

  • 01/20/2012 18:28
  • 0
  • 0
  •