Let Us Resolve Your FTA Suspension in Georgia for You

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FTA license suspensionWe are experts at removing FTA warrants and license suspensions and keeping you out of court while we do it!

One of the most frustrating experiences for some unlucky drivers is when you find out that the state suspended your license due to a missed court date. The law refers to this offense as a “failure to appear,” or an “FTA” suspension.

These suspensions are imposed daily across the country. The purpose is to solve the problem of drivers failing to show up to court, as it is common for drivers to forget or overlook traffic tickets.

As a result, there are a surprisingly high number of FTA cases in traffic court. And when the court has the authority to suspend your license for missing a court date, it provides a powerful incentive to the driver to return and address the citation.

However, the problem with FTA suspensions is that you are often unaware that you are driving on a suspended license. If you were aware, you would likely have dealt with the ticket immediately.

For this reason, if you are pulled over for a normal traffic stop, it is usually a surprise to learn that, in addition to the new traffic violation, you are charged with driving on a suspended license, also referred to as “no license.” In many cases, the officer will arrest you and impound your vehicle.

How can a driver resolve an FTA on their own?

After you are released from jail, or you learn of your FTA you may want to hire an attorney to do all the heavy lifting. Or you may prefer to see if you can solve the problem on your own.

You will first need to find out which traffic court sent in the FTA suspension to the Department of Driver Services (DDS). The easiest way to do this is to get a copy of your Georgia driving record (for out-of-state drivers this can be a bit tricky).

The FTA suspension should be visible on your driving history, and it should identify which court initiated it. Every court will have a different FTA removal process. For instance, the Municipal Court of Atlanta’s FTA process is wholly unique from any other traffic court in Fulton County.

In some courts, resolving the FTA suspension may be as simple as paying a fine. Depending on the court, however, the suspension will not be lifted until you deal with the underlying citation. That typically means entering a guilty plea.

This part of the process is where things can get tricky. If the underlying citation is a simple, non-reportable traffic offense, then often a guilty plea may have few negative consequences – other than an additional fine. However, in many cases, a guilty plea can have far-reaching consequences, including a new license suspension. And because you missed your initial court date, your opportunity to negotiate a more favorable resolution is limited. This is because the prosecutor is the only one with the authority to reduce the ticket.

And they are often unavailable to consider such requests when you are trying to clear up the suspension with the clerk’s office. Normally, the clerk’s office is open during business hours, five days a week. However, the prosecutor is usually only available during court hours, which may be as infrequent as twice per month.

This is where you can inadvertently make the situation worse. Drivers tend to want to reinstate their license as quickly as possible. But acting with haste at this point in the process can lead to devastating consequences, especially if you are unaware of the collateral repercussions of pleading guilty to the underlying offense.

For instance, if you are under 21 years old, it is likely that a guilty plea to two or more offenses or any single four-point offense will suspend your Georgia driving privileges. Other charges, such as a hit-and-run, will get your license suspended no matter your age or number of points.

Additionally, if you live out-of-state, clearing up a failure to appear suspension can be even more difficult. First, you have to worry about how your home state will react to the Georgia conviction. Second, you have to worry about being at a disadvantage if the court requires you to appear before the judge. Rather than hiring an attorney to appear in your stead, now you have to travel back to Georgia and handle the situation yourself.

FTA license suspensions can be messy or straightforward. The risks often involve unexpected license consequences, as well as time-consuming and painful to resolve. That being said, generally speaking, the sooner you work to resolve the FTA, the easier it will be to close this chapter and move on with your life.

Reinstatement Steps in Georgia 

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

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

(2) submit the form directly to DDS along with the reinstatement fee (the Court will NOT automatically clear up your suspension with DDS – rather the onus is on the driver to submit the paperwork to DDS or your home licensing agency).

For more information, you may contact DDS at 678-413-8400, or call our office if you would like to hire an attorney to help you reinstate your license.

Top 5 Things to Be Aware of Before Going to Traffic Court in Georgia

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Understand how to protect your rights when you go to traffic court – a lot can be at stake!

1. Under 21 Drivers Are More Likely to Have Their License Suspended After Going to Traffic Court

Under 21 Drivers

One of the  common mistakes young drivers make is going to court on a traffic ticket without fully researching what the consequences would be for an under-21 driver. In many cases, a minor speeding ticket or traffic violation can trigger an unexpected license suspension. This is especially problematic because often the driver will not be told of that their license will be suspended and in most instances that suspension does not take effect until weeks after the court date.

Although an attorney can file a motion to vacate the plea, often this is much more costly and time consuming than it would have been if the driver had researched the consequences of the traffic ticket in advance of court. Remember, although the court staff and prosecutor will usually try to advise the driver of all the relevant information, on a busy arraignment day in court, these types of advisements can fall by the wayside.

For instance, any of the below can trigger an automatic suspension of a driver under 21:

 

2. Understand the current status of your driving history

Understanding your GA Driving History In other words, you should know exactly how many points you currently have on your license – so that you can know if you should be worried about the accumulation of additional points as the result of this new ticket. Although people often worry about “points” on their driving record, this fear is normally misplaced. Typically drivers assume that their insurance rates will go up if they get any “points.” This is not necessarily true.

The insurance company is not normally concerned with the points Georgia assesses for individual offenses, but rather insurance companies tend to be preoccupied by what actual traffic offenses are listed on your record. This makes sense since the insurance company’s priority is assessing how risky of a driver you are. Unfortunately, people often plead “nolo,” believing that it will save them from a hike in insurance rates. Unbeknownst to those drivers, their insurance company will treat “nolo” pleas the same as “guilty” pleas when determining how and when to increase the premiums (see below).

Over 21 drivers should worry about the accumulation of points if they are close to having 15 points on their license within a 2-year period. That many points within two years will suspend the license (weeks after the final court date).

3. Is a “Nolo” Plea Right for Your Case?

Is a NOLO plea right for your Georgia Traffic Ticket Case?

One of the most common missteps people make is assuming that a “nolo” plea is right for them. What typically happens in traffic court is the driver goes to court determined to avoid a guilty plea. But once in court, the driver is told about the possibility of pleading “nolo” and it is explained that a “nolo” plea will keep points off the driver’s record.

This sounds like a fantastic compromise since the driver is usually preoccupied with keeping insurance rates down. Even more compelling is the fact that many of the other drivers in court readily agree to plea “nolo” – thus creating a false sense of security that if the driver’s peers are doing it, then the “nolo” plea is the way to go.

The problem with a “nolo” plea is that it does not offer any protection when it comes to insurance rates. Since the conviction is still listed on your driving record, it is highly visible to insurance companies. Even worse, each driver only gets to plea “nolo” once every 5 years. And while a “nolo” plea is useless when it comes to hiding infractions from your insurance company, it is very valuable in limited situations and drivers should be careful not to waste their “nolo” plea merely to avoid points (unless the driver is close to accumulating 15 points within a 2 year period).

For example, if a driver is charged with driving on a suspended license, having a “nolo” available will prevent a 6 month additional suspension of the license. Similarly, a “nolo” plea can be valuable in accident cases.

4. Bring All Relevant Paperwork to Court

Bring your paperwork to GA traffic Court

All too often drivers forget to bring critical paperwork to court. For instance, if a driver is charged with an equipment violation – e.g., broken headlight, or a tint violation this may be the kind of case that can be resolved by providing proof that the vehicle is now repaired. Another example is when the driver is charged with no insurance, but in reality the driver had valid insurance at the time – then similarly the driver should bring insurance documentation to court.

If the driver missed his original court date – but there is a very reasonable explanation – such as a hospital stay or some other personal emergency, then the driver should absolutely bring paperwork documenting that event and present it to the court.

5. What Are The Benefits of Transferring The Case Up to a Higher Court?

Understand your options before going to GA Traffic Court

In every municipal court in Georgia, the driver has the right to transfer his case out of that court and up to the higher county court.This is important because although it is counter-intuitive, many municipal courts impose  more harsh penalties than the higher county court would. Understanding the reputation of your municipal court as it compares to the county court is critical to making a good decision about how to resolve your case.

Most people don’t think about going to court as the first step in a multi-step process. As a result there is an assumption that a final decision needs to be made about the case at that initial court date. This assumption is problematic because it often leads drivers to agree to very onerous and unfair conditions at that initial court date, including high fine amounts, simply because they don’t understand that there are better alternatives. For instance, many of the municipal courts impose much more harsh traffic ticket penalties than the county court would.

But if you are unfamiliar with the landscape of the municipal court and how it compares to the county court, you are missing the opportunity make a much better decision about whether to accept the prosecutor’s offer. Normally folks assume that requesting a jury trial is too much of a big deal for their ticket, or that they won’t have an opportunity to negotiate a plea deal if a jury trial is requested. The truth is, the request for a jury trial is not scary at all. In fact, most lawyers who practice in that jurisdiction will know that there are a lot of benefits to transferring a case, even a simple traffic case out of municipal court. But, of course, this very much depends on the jurisdiction.

How Do I Clear Up My FTA Warrant in Atlanta?

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We are experts at removing FTA warrants in Atlanta Municipal Court

If you missed your court date for either a criminal or traffic citation, you are in failure to appear status. Once this happens, you need to clear up any bench warrant or FTA license suspension the court may have issued. Typically, you are required to schedule an appearance in front of a judge at a Failure to Appear (FTA) hearing.

Scheduling an FTA Hearing

The court does not automatically schedule an FTA hearing, so this is something that you will have to do on your own. Spaces on the calendar are available on a limited basis. You should contact the court at 404-658-6940 for more information and to make sure you can set up your FTA hearing.

2022-23 FTA Policies in Atlanta

Currently, Atlanta Municipal Court is not running a daily FTA calendar. Rather you will need to file paperwork with the court in order to be assigned a new court date. This is their new policy as of February 2022 and it has created a great deal of hardship for drivers, leaving them with months of a suspended license while waiting for a new court date. You can check the status of your case at the Court’s online portal.

What to Expect

Drivers call us every day with stories about waiting endless months for a new court date to clear up their FTA status in Atlanta.

Once drivers get to court, outcomes can vary, and rarely do they match what the driver expects.

For instance, many drivers believe that the court will treat them with more leniency if they have a clean driving history. However, the prosecutor is already aware of your record. So do not waste your time discussing your driving history – or even worse, trying to explain the circumstances of previous tickets. Additionally, while some prosecutors are inclined to rely on a clean driving record to mitigate some consequences, it usually does not completely absolve you from the charge.

It is also wise to research the underlying charge before going to the hearing. Prosecutors typically expect you to be prepared to quickly evaluate their offer and make a final decision about the case at the FTA calendar. Ordinarily, they are not inclined to discuss your reservations regarding the lawfulness or fairness of your original citation in great detail.

Help clearing a failure to appear

Lastly, you should know that if you appear in court the Traffic Violation Bureau (TVB) fine may not apply. However, the judge may order a fee amount that may be more or less than the TVB fine paid before you went to court. The judge also may require you to pay your FTA penalty prior to your court appearance. As a result, you may need to make sure you have adequate funds available before scheduling your FTA hearing.

How We Help

We are obsessed with getting FTA cases cleared up as quickly and painlessly as possible for our clients, and we spend a great deal of time in the Atlanta courts doing just that!

We jump into immediate action to get our client’s case in front of a prosecutor and judge as quickly as possible, without them ever having to come to court with us!

If you still have questions or want to speak with an attorney experienced with the Atlanta criminal and traffic courts, schedule a consultation with EHG Law Firm.

 

 

 

 

 

Why are field sobriety tests important and how are they used in a Georgia DUI arrest?

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1423Field sobriety testing is one of the primary tools that law enforcement uses to make a DUI arrest decision. The results are also some of the most compelling evidence presented at trial.

However, the public generally knows very little about what field sobriety tests are and has even less of an understanding as to whether they can be relied upon to accurately detect alcohol or drug impairment.

The media often parodies field sobriety testing. Although these depictions can be quite amusing, they are more closely based in fiction. For example, we often see shows where the officer asks the driver to touch the tip of his nose or recite the alphabet backwards. These popular misrepresentations that mock field sobriety testing likely contribute to the mistaken belief that in the absence of a breath or blood test the government has “no evidence” or rather, “no reliable evidence” in a DUI prosecution.
302In reality, law enforcement rarely relies upon the types of  roadside testing that we see on TV. Most people are surprised to discover that there are only 3 standardized field sobriety tests that are included in the national protocol for DUI detection. Also referred to as the standard “battery” of testing, these three tests make up the most reliably, and not surprisingly the most commonly relied upon tests in DUI investigations.
The 3 standardized field sobriety tests are horizontal gaze nystagmus (“HGN”), the walk and turn test (“WAT”) and the one-leg stand (“OLS”). These are the most reliable tests that well-trained officers rely upon in making an arrest decision. Obviously, the officer has other tools to evaluate impairment, including general observations and a portable breath test (“PBT”). But because the results of the PBT are often not admissible (at least in Georgia), a good officer will seek out field sobriety evidence.

The HGN test is not often depicted in the media and as a result, most jurors have never heard of it before. The HGN examination requires the officer to stand quite close to the driver, move a stimulus (often a pen light) in front of the driver’s face and closely observe the presence or absence of involuntary jerking of the eye. There are very specific steps the officer must take. Particularly as it relates to the manner in which the officer is trained to move the stimulus.

Under normal circumstances, the driver’s eyes should move smoothly back and forth across the field of vision. But when nystagmus is present, the officer should clearly see jerking of the eyeballs, similar to what happens when you roll a marble across sand paper. Alcohol consumption can cause this involuntary jerking of the eyes. The driver will not be able to tell if nystagmus was present or not, and as a result, most drivers assume that they have “passed” the HGN test. It is important to keep in mind that alcohol is really only one of many things that can trigger this involuntary jerking of the eyes. As a result, an officer will not rely on HGN alone when making an arrest decision.

413The second test, WAT, is in part a balance test, with an additional component that evaluates mental impairment. The officer asks the driver to stand in a heel-to-toe position while he goes through a layered set of instructions regarding how the test should be completed. This is called the “instructional phase.” Most drivers don’t realize it, but the officer is scoring the driver on his performance during the instructions. For instance, if the driver steps out of the heel-to-toe position, that is scored against the driver. Similarly, if the driver starts during the instructional phase, that too will count against the driver. The idea of this test is to evaluate a person’s ability to remember the somewhat subtle series of instructions.

The WAT has a total of 8 possible ways the driver can make a mistake – resulting in the officer observing a “clue.” If the officer observes 2 of the 8 clues, then this will support his decision to arrest the driver. The other clues he is looking for include whether the driver raises his arms, stops while walking, does not touch heel-to-toe on every step, steps offline, takes an improper number of steps, or turns improperly.

1244Finally, the officer will administer the OLS. This test is very similar to the WAT, but is a bit less complicated. The officer is only looking for 4 possible clues, yet like the the WAT, if the officer observes 2 of those 4, he will likely arrest the driver for DUI. The officer asks the driver to stand on one leg, foot raised 6 inches from the ground, and count by 1000’s until the officer ends the test. The officer is closely watching to see if the driver puts his foot down, raises his arms, sways or hops and records any clues he observes.

It is important to fully understand the value of these tests when evaluating the strengths or weaknesses of any DUI case. Most DUI practitioners will tell you that officers rarely administer these tests perfectly, and there are a lot of interesting areas to explore during cross-examination to demonstrate why the officer’s interpretation of the field sobriety tests may not be reliable. That being said, it is nearly impossible to fairly evaluate whether the prosecution has a strong DUI case without knowing how the field sobriety tests were conducted.