Georgia SB 100, which was passed in this year’s legislative session, changes several laws which previously had provided mandatory license suspensions. In particular, the offense of a minor in possession of alcohol and the offense of possession of drugs NO LONGER CARRY MANDATORY LICENSE SUSPENSIONS if they are not involved in a DUI.
While these offenses no longer carry mandatory suspensions and will not be reported to the Department of Driver Services (DDS), it is important to note that they still remain on a person’s arrest record if the person was arrested and fingerprinted. As a result, it’s still important to hire an attorney to make sure that the correct plea is entered so the arrest record can be restricted.
Here is a summary of the changes:
- 3-3-23.1 Minor in Possession of Alcohol: Deletes paragraph 3; no longer results in driver’s license suspension. Also deletes the suspension under 40-5-57.1(a) relating to suspension for under age possession of alcohol.
- 40-5-22(d) allows DDS to issue limited permit under 40-5-64 if license has been suspended due to suspension in another state, if otherwise eligible for such a limited permit.
- No mandatory suspension for use of fraudulent or fictitious license under 40-5-54 (a)(6); or any felony violation of Article I, Chapter 9, Title 16, if such offense is related to an identification document as defined in 16-9-4.
- No suspension for drug convictions under 40-5-75 ; still suspended for DUI Drugs, although eligible for limited permit IF in Drug Court Program.
- No more license suspensions under 40-5-57.2(which is repealed), for conviction of driving off without paying for gas, 40-6-255.
SB 100 is just one example of how Georgia’s laws are constantly changing, and why it’s crucial to work with a traffic lawyer who specializes in your area of need and who stays up-to-date with all the new laws, decisions, and precedents while understanding the impact they have on your case. To discuss your case and how I may be able to help, schedule a consultation with me, Mickey G. Roberts.