The following is a list of offenses for which Georgia Department of Driver Services will suspend the license or driving privileges, upon being informed of a conviction by a court (suspension authority indicated in parentheses):

§40-6-393 Homicide by Vehicle (1st and 2nd Degree) (§§40-5-54, 40-5-63)
§40-6-270 Hit and Run or Leaving the Scene of an Accident (§§40-5-54, 40-5-63)
$40-6-394 Serious Injury by Vehicle (§§40-5-54, 40-5-63)
$40-6-393.1 Feticide by Vehicle (1st Degree) (§§40-5-54, 40-5-63)
§40-5-120 Fraudulent or Fictitious Use of or application for a license or ID card (§§40-5-54, 40-5-63)
§40-5-125 Fraudulent or Fictitious Use of or application for a license or ID card (§§40-5-54, 40-5-63)
§40-6-15 Operating a motor vehicle with a revoked, cancelled, or suspended registration (§§40-5-54, 40-5-63)
§40-6-186 Racing on Highways or Streets (§§40-5-54, 40-5-63)
§40-6-395 Using a motor vehicle in fleeing or attempting to elude an officer (§§40-5-54,
40-5-63)
§40-6-391 Driving under the Influence/DUI – Child Endangerment (§40-5-63)
§40-6-255 Failure to Pay for Gasoline (§40-5-57.2)
§40-6-10 No Insurance/Failure to Show Proof of Insurance (§40-5-70)
§40-5-121 Driving While License Suspended or Revoked (§40-5-121)
§32-6-30 Refusal to Weigh (§32-6-30)
§40-5-30 Violation of License Restriction (not mandatory, at the discretion of the court)

• Any violation of the Georgia Controlled Substance Act (Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated) (§40-5-75)
• Any felony in the commission of which a motor vehicle is used (§§40-5-54, 40-5-63)
• Any felony forgery conviction if related to an identification document (§40-5-54)
• Accumulation of fifteen (15) or more points in any consecutive 24 month period )§40-5-57)

For persons under the age of 21, any of the above convictions AND:
§3-3-23(a)(2)) Purchasing an alcoholic beverage by a person under 21 years of age (§40-5-57.1)
§3-3-23(a)(2) Attempt to purchase alcohol by an underage person (§40-5-63(e))
§3-3-23(a)(2) Possession of alcohol by a minor while operating a vehicle (§40-5-63(e))
§3-3-23(a)(3) Misrepresenting age for the purpose of illegally obtaining an alcoholic beverage (§40-5-57.1)
§3-3-23(a)(5) Misrepresenting identity or using false identification for the purpose of purchasing or obtaining any alcoholic beverage (§40-5-57.1)

For persons under the age of 21 who are Georgia residents, any of the above convictions AND:
§40-6-397 Aggressive Driving (§40-5-57.1)
§40-6-45(a)(1) Improper Passing on a hill or curve (§40-5-57.1)
§40-6-163 Unlawful passing of a school bus (§40-5-57.1)
§40-6-181 Exceeding the speed limit by 24 mph or more (§40-5-57.1)

For persons under the age of 18 who are Georgia residents, any of the above convictions AND
§40-5-57.1 Accumulation of four (4) or more points in any consecutive twelve (12) month period (§40-5-57.1)

Proceed with caution.  If you are driving on a limited permit, whether it be as a result of a DUI conviction, or otherwise, do not plead guilty or send in the fine money for any moving violation without speaking with an attorney.  Any conviction while driving on a limited permit may result in a revocation of your permit.

Revocation of permit

Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by DDS. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to DDS within ten days after the conviction, with the notice of service form, and, if the court does not transmit electronically, a copy of the conviction.

Upon receipt of notice from the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources that a permittee who is required to complete a substance abuse treatment program pursuant to O.C.G.A. §40-5-63.1 enrolled in but failed to attend or complete such program as scheduled, DDS shall revoke such person‟s limited driving permit and, by regular mail to his or her last known address, notify such person of such revocation. Such notice of revocation shall inform the person of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing.

Upon receipt of notice from a provider center for ignition interlock devices that an ignition interlock device has been tampered with or the permittee has failed to report for monitoring, DDS shall revoke the limited driving permit, and shall provide notice to the permittee as indicated above.

Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver’s license until six months from the date such permit was surrendered to DDS or the date that DDS processes the conviction that resulted in the revocation. In any case of revocation of a limited driving permit, DDS may impose an additional period of suspension for the conviction upon which revocation of the permit was based.

It is possible to win a traffic ticket trial in Atlanta.  However, you do not want to start a trial without researching your options well in advance.

The first thing you should know is that for most traffic offenses, including speeding tickets and stop sign violations, it is possible (however not likely) that you could be facing up to 12 months in jail if you are convicted.

If you are unfamiliar with the sentencing practices of the Judge, or not sure about your driving history, you may want to consult a defense attorney about what could happen after the trial if the Judge convicts you.

Call Now For a Consultation: 404-771-6675

Fighting a Speeding Ticket: Bench Trial or Jury Trial

Many people assume that if your officer is not present at your first court date, then your ticket will be automatically dismissed.  This is rarely true in Atlanta.

For the most part, your first appearance is your arraignment, which is an opportunity for you to tell the Judge and prosecutor whether you intend to enter a plea of guilty, or not guilty.

If you enter a plea of not guilty, you will often have the option (for most traffic offenses) of choosing a bench trial (judge trial) or a jury trial.

If you choose a jury trial, your case will be transferred to Fulton County State Court (or in some instances DeKalb County State Court if your stop was in DeKalb County) for a jury trial.

If you request a bench trial, you will be prompted to sign a waiver of jury trial.  If you sign this form, you are waiving your right to transfer your case to Fulton County State Court (or DeKalb State Court).

Tip: You may want to familiarize yourself with the Judge’s sentencing practices before waiving your right to transfer the case to State Court.

Once you have submitted your waiver of a jury trial, you will likely be given a trial date.  This will be the date that the witness will have to appear for.

In most standard traffic stops the witness is the police officer.  If the officer is not present at that date, then the Judge may grant your motion to dismiss the ticket.

Tip: The Judge could decide to reset your case to a future trial date in order to give the prosecutor another opportunity to get the witness to court.

If the consequences of a speeding ticket are critical to you, such as you are a commercial driver with a CDL or you are worried about a license suspension, you should contact me to discuss your options. I am an experienced Atlanta criminal defense attorney.

Tip: It can be very dangerous to attempt to navigate the intricacies of a bench or jury trial without first consulting a professional.