Tuesday, October 26, 2010

What do I do now that "The Man" from DDS took my driver's license?

     Of course you mean what do you do BESIDES learning how bad the public transportation is in Atlanta?  Well once you get your Marta Breeze card and load it up with what money you have left, you may want to consider talking to a Georgia Criminal Defense Attorney about what your appeal options are.
     The first thing he is going to need to know is how/why was your license suspended?  Was it done through an administrative action of the Department of Driver's Services?  Was it done through action of the Department of Human Resources because you weren't paying child support?  Was it done because you were found guilty in court of multiple DUI's, or conviction on other sorts of traffic offenses?
     Here is a list of just some of the laws that allow the state to suspend your license.
     Each method of losing your license may have a different method of regaining it, so either start reading up on all the vagaries of Georgia law, or call someone like, guess who, a West Georgia DUI Lawyer.

Suspension by the DDS
     In the end, this is the way your license is going to be suspended regardless of the circumstances that lead to the suspension.  The Department of Driver's Services is the licensing authority for that little piece of plastic that allows you to motorvate across this state, and across this great country. 

Suspension due to failure to pay child support
     Guess what, not only can the state revoke your driver's license, they can revoke your hunting and fishing licenses too.  So what if you can't drive to work to make money after that license is pulled.  For some reason, money starts showing up for the kid when DHR puts people in jail, so they probably won't listen to you when you make arguments about restrictions short of incarceration.

Suspension due to conviction in state courts
     Well, the suspension itself is still coming from the DDS, but the cause of that pain could have been directly caused by either an administrative hearing initiated by the DDS, or it could have been the result of convictions for traffic offenses being forwarded to them after a trial either in a traffic court or superior court.
     Let's say for sake of argument, that the traffic court judge was having a bad day, and just didn't want to hear your arguments as to why you don't think you should get a DUI for driving that golf cart down the highway with a half drunk bottle of Jack.  You think you were still on the private golf course, and not on public roadways.  Maybe you have a chance to appeal that conviction, erase the points you got, and get your license back!
    Method 1 - Writ of Certiorari  (If you can't pronounce that, just say "Writ of Cert.")  This method points out specific errors that the traffic court judge made, because even though you may deserve the ticket, you may have the law on your side.  If the law is on your side, and the judge made a mistake, the Writ of Cert may be the way to go.
     Method 2 - Direct Appeal to Superior Court.  Since you already waived your right to a jury trial in traffic court,  (otherwise you wouldn't have gotten the trial held there) you only get a review of the record by the Superior Court judge.  If the facts of the case are on your side, and the prosecution just didn't make their case, this may be the way to go.
     HOWEVER, whether the facts or the law are on your side, that is NOT the only consideration in choosing your appeal method.  TALK TO A GEORGIA LAWYER NOW!  (You only have until 30 days after your conviction to do something.)

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