How Do I Resolve My FTA Status?

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It could happen to anyone. You receive a traffic ticket, and even though you planned, with the best intentions, to attend court, it never makes it to your calendar. The ticket gets misplaced. The court date comes and goes, and you are blissfully unaware of the process that is now underway to suspend your license and possibly result in a bench warrant issued for your arrest!

Bench Warrant and FTA ArrestAll the while, the entire incident has completely slipped your mind. That is until you receive a letter from the Department of Driver Services (“DDS”) notifying you that your license was suspended (or they are about to suspend it) due to the failure to appear (FTA) issued by the traffic court.

Suspended license

An even worse scenario is when you do not see the notice from DDS, and you are notified of the bench warrant and suspension by a police officer on the side of the road – while writing you a ticket for driving on a suspended license. Now you are facing jail time on the new charge. To make matters worse, you can not bond out of jail until you figure out how to lift the original bench warrant that the Judge issued for your FTA.

An FTA license suspension can also have permanent consequences because it stays listed on your driving history. While this should not have significant adverse ramifications for many drivers, it can cause serious problems for those whose occupation involves driving. In some settings, this kind of suspension can lead to termination when the employer discovers it either through employee disclosure or a routine driver’s history background check.

Examining these scenarios shows how an innocent mistake might lead to highly disruptive and wildly unexpected consequences! This sequence of events is far more common than most people suspect. You are not alone if you believe that license suspension seems unnecessarily harsh for inadvertently missing a traffic court appearance. Although it may be severe, it is an extremely cost-effective method for getting those who initially miss court to return and handle their citation. As a result, almost all traffic courts impose this penalty for missed court dates.

Resolving the FTA Status

Despite the harsh nature of FTA penalties, once you know the FTA status and/or bench warrant, it may be a relatively simple matter to resolve. Usually, it involves communicating with the issuing court, paying a fine, and getting the appropriate paperwork – indicating the court’s removal of the FTA suspension – to the DDS.

Understanding the Process.001

However, the process will vary from court to court. Some courts require you to appear before the Judge – especially if you want to handle it without the assistance of an attorney. If you are considering resolving an FTA case on your own, remember that there is one significant benefit an attorney can offer. In many instances, an attorney can lift the FTA or bench warrant without requiring you to appear in court. Not to mention they have a wealth of knowledge and experience that can simplify the process. So you do not have to stress over whether or not you are taking the correct course of action.

If you are facing an FTA suspension and you are unsure about your next steps, contact an attorney today to learn about your options.

 

 

What is a “Habitual Violator” in Georgia?

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What is a habitual violator Photo 2Habitual Violator

Two previous convictions of those offenses listed below and a conviction of the current charge of one of these violations before the court within a five year period will result in the defendant being an Habitual Violator (O.C.G.A. §40-5-58).  For example, 3 DUI convictions within a 5 year period could trigger a Habitual Violator suspension.

Convictions and/or nolo contendere pleas arising from a single incident or separate incidents to any three of the following violations within a 5-year period, as measured from date of arrest to date of arrest for which convictions were obtained, will cause the violator to be declared an Habitual Violator in accordance with O.C.G.A. §40-5-58:

  • Homicide by Vehicle (1st Degree) as defined by O.C.G.A. §40-6-393 (a) or (b)
  • Homicide by Vehicle (2nd Degree) as defined by O.C.G.A. §40-6-393 (c)
  • Any felony in the commission of which a motor vehicle is used
  • Hit & Run – Leaving the scene of an accident as defined by O.C.G.A. §40-6-270
  • Racing on Highways or Streets as defined by O.C.G.A. §40-6-186
  • Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer as defined by O.C.G.A. §40-6-395
  • Unlawful or Fraudulent Use of or Application for a License or ID Card as defined by O.C.G.A. §40-5-120, O.C.G.A. §40-5-125
  • Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration as defined by O.C.G.A. §40-6-15
  • Any felony forgery conviction if related to an identification document (§40-5-54)
  • Driving Under the Influence, Child Endangerment while DUI as defined by O.C.G.A. §40-6-391; §40-6-391(l)
  • Feticide by Vehicle (1st Degree) as defined by O.C.G.A. §40-6-393.1 (a) (1)
  • Serious Injury by Vehicle as defined by O.C.G.A. §40-6-394

How do I reinstate my license if it was suspended for failure to appear (FTA) at my court date?

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The process for reinstating a driver’s license in Georgia can be somewhat complex and unclear. This confusion is even more pronounced for out-of-state drivers.

Georgia Drivers

If you’re a Georgia driver dealing with a Failure to Appear (FTA) suspension, you’ll likely be informed by the DDS app that you owe a reinstatement fee, usually around $90. While the app allows for payment, your license won’t be reinstated until DDS receives the court-issued 912 paperwork. However, the court doesn’t directly send this document to the DDS. As a driver, you need to request this completed paperwork from the court and submit it to a local DDS branch.

Out-of-State Drivers

For out-of-state drivers, the procedure is similar. You need to request the 912 form from the court and then submit it to your own licensing authority. However, this can be tricky as licensing authorities from different states may not be familiar with Georgia’s 912 form. Each state has its own form for such situations, and Georgia’s is uniquely referred to as a 912 form.

Therefore, as an out-of-state driver, there’s nothing automatic about the reinstatement of your license, even after you’ve acquired the 912 form from the court. This is why we often assist our clients in managing this communication, to ensure a smoother license reinstatement process.

The law authorizing license suspension upon a missed court date is:

375-3-3-.12 Suspension of License for Failure to Appear

The Department shall suspend the driver’s license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction of this state or of any other state for a traffic violation other than a parking violation. The Department shall forthwith notify such person that his license is to be suspended subject to review as provided for by law.

If your license was suspended for failure to appear you must:

(1) get a clearance letter from the court or a 912 license reinstatement form; and

(2) take the form to DDS along with the reinstatement fee.

For more information, you may contact DDS at 678-413-8400, or call our office to assist you.

How do I find out if my Georgia license is suspended?

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In Georgia, you can check the status of your driver’s license online, by phone, or in person.

To check the status of your driver’s license online, you can visit the Georgia Department of Driver Services website and click on the “Check License Status” link. You will need to enter your driver’s license number, date of birth, and last four digits of your Social Security number.

To check the status of your driver’s license by phone, you can call the Georgia Department of Driver Services at (678) 413-8400, (678) 413-8500 or (866) 754-3687 (outside Metro Atlanta).

To check the status of your driver’s license in person, you can visit a Georgia Department of Driver Services office. You will need to bring a valid form of identification, such as a driver’s license, passport, or state-issued ID card.

If you are unsure of your driver’s license number, you can also use your name and date of birth to check the status of your driver’s license.

There are a number of reasons your Georgia license, or driving privileges could be suspended, and the solution you are looking for will be determined by the type of suspension you have.