10.
DAY
ADMINISTRATIVE
LICENSE SUSPENSION
HEARING
REQUEST
WHAT IS IT ??
When you are arrested for a DUI in Georgia, the officer may take your driver’s license and give you what is known as a Department of Public Safety (DPS) 1205 Form. The DPS 1205 Form is several things.
If signed by you and the arresting officer, it becomes a "30 day temporary driving permit". Your authorization to drive at least temporarily.
It is also your official notice of a driver’s license suspension. Your license will be suspended 30 days after the arrest date for what ever amount of time is written in the "blank". This is true even though you haven’t been to court yet.
On the reverse side of the DPS 1205 is a notice of your right to a hearing. You must request your hearing within 10 business days of the date on the 1205 Form as the arrest date.
WHAT DOES IT DO ??
If you secure from DPS, a hearing date, you will receive notice that your temporary permit has been extended until the hearing date, or until court. If you go to court and plea guilty, or are found guilt at trial your license will be suspended immediately.
Occasionally, the whole purpose of sending in a request for a hearing is to get the temporary permit extended until the client goes to court. Especially if we can then get another permit coming out of court that allows you to drive until you are able to get your driver’s license re-instated.
WHAT ARE THE PROBLEMS ??
First you must request the hearing within 10 business days. No exceptions !!! You can tell DPS anything you want about why you did not request the hearing within the 10 business days; you won’t get the hearing…and 30 days after the arrest your license will go into suspension…if the officer sent the 1205 Form to DPS. And, if you got a copy of a 1205 among your papers…then you can bet DPS has a copy among theirs.
Remember, " I didn’t read that thang" will not impress anyone, especially DPS.
Sometimes DPS does not set a hearing date but simply sends you notice that your temporary permit has been extended to mm/dd/yy. We’re not always sure why they do that. We’re not sure why they pick the date, for expiration of your temporary permit, that they do.
We’re not sure what you drive on until court, if you get your court date reset.
Hey ! This is the "Problem Section", OK? There is no answer section.
Perhaps
the biggest problem of all is the "implied consent" or
"refusal" issue. If you are accused of failure to take the chemical
test of your blood, breath or urine, your license will go into suspension for
one (1) year, with no early re-instatement, and no work permit. If you do not secure
a hearing from DPS as described herein, the only way you can get your license
back short of a year is to get the DUI dismissed, or go to trial and win.
WHAT DO YOU DO ??
Well, if indeed you’re asking this question, you need to talk to a DUI attorney right away.
You only have 10 business days to request the Administrative License Suspension Hearing. Your lawyer does not have additional time. You need to make an appointment immediately and discuss this issue.
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