Administrative License Suspension
Administrative License Suspension – Ten Day 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 Drivers Services (DDS) 1205 Form. The DDS 1205 Form represents several things.
If signed by you and the arresting officer, it becomes a “30 day temporary driving permit”, your authorization to drive in Georgia, 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 period of time written in the “blank”. This is true even though you haven’t been to court yet.
On the reverse side of the DDS 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 and must include a check for $150.00
WHAT DOES IT DO?
If you secure from DDS, 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 a limited driving privilege 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 DDS 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 DDS.
Remember, ” I didn’t read that thing” will not impress anyone, especially DDS.
Sometimes, DDS 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. They just do it.
Hey! This is the “Problem Section”, OK? There is no answer section.
Perhaps the biggest problem of all is the “implied consent” or the “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 DDS as described in this text, the only way you can get your license back short of one year is to get the DUI dismissed, changed to different charge, 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.
We can help you with your Administrative License Suspension Hearing,
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