Tag Archives: Gwinnett traffic attorney

New Changes in Law as a result of SB100

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.

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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:

  1. 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.
  2. 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.
  3. 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.
  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.
  5. No more license suspensions under 40-5-57.2(which is repealed), for conviction of driving off without paying for gas, 40-6-255.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.

The Facts About Georgia Driver’s License Reinstatement After Second DUI

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One of the reasons it’s so important for anyone charged with Driving Under the Influence (DUI) to hire an experienced traffic attorney is because your first DUI conviction will amplify the consequences of any future DUIs. A second DUI conviction not only carries heftier penalties than a first DUI, but also involves a complex process for getting your driver’s license reinstated. There is a lot of incorrect information out there, so here is the truth about license reinstatement after a second DUI conviction within a five-year period:

  • There is a hard suspension for four months after the plea. (This means absolutely NO driving!)
  • After four months, you may be able to get a limited permit to drive to work or school, which is valid for the next twelve months.  HOWEVER, you must first prove to the Georgia Department of Driver Services (DDS):
    • You have completed the twenty-hour Risk Reduction Class (DUI School).
    • You have completed the Alcohol and Drug Evaluation.
    • You have an Ignition Interlock Device (IID) on any car you drive, which requires you to blow into the device and prevents the car from starting if alcohol is detected.
  • After those twelve months, you may be able to get a limited permit for an additional two months.
  • Finally, after eighteen months of suspension, you can get your license reinstated by proving to the Georgia DDS:
    • You have completed DUI School.
    • You have completed a substance abuse program if it was recommended based on your Alcohol and Drug Evaluation. If no substance abuse program was recommended, you MUST receive a waiver from the Department of Behavioral Health and Developmental Disabilities (DBHDD).
    • You have had an IID for one year, unless waived by the Court for financial hardship.
    • You have paid a $210 reinstatement fee.

** Please note: I get many calls from folks wanting to seek the financial hardship waiver for the IID, but there are a few important factors to consider. First, it is very rare for a judge to order a waiver. Second, if you do receive a waiver for the IID, you are NOT eligible for any limited permit, meaning you would have a hard suspension for the full eighteen months!

Because driver’s license reinstatement laws are complex, it is wise to hire an experienced, knowledgeable DUI lawyer to help guide you through the process. To begin discussing your case, call Mickey Roberts at 770-923-4948 for more information. Or, to stay up-to-date on the latest DUI and traffic law news, follow me on Facebook, Twitter, and Google+.

What is Uninsured Motorist Insurance and Why Do you Need It?

A recent local traffic law case brings to light the importance of understanding uninsured motorist insurance:

A man whose car was rear-ended in DeKalb County in 2009 recently lost his claim against his uninsured motorist carrier when the Supreme Court of Georgia determined he did not adequately prove he was eligible for coverage.

The high court unanimously reversed a narrowly divided Court of Appeals opinion on the question. The justices found that the burden of proof rested with the injured driver, rather than his uninsured motorist carrier, to show whether the at-fault driver in the wreck was technically uninsured.

What is uninsured motorist insurance and why do you need it?

Let’s say, for instance, that you are involved in an auto accident and you suffer a serious injury by vehicle. You receive a broken leg, and with surgery and recovery, your medical bills are in excess of $50, 000. On top of that, you have lost wages and of course the pain and suffering that comes with the injury.

The driver who caused the accident has the minimum liability coverage in Georgia: $25,000. Obviously, that would not cover your damages. That’s where uninsured motorist insurance comes into play.

If you have uninsured motorist coverage on your auto insurance policy, and you can prove the driver at fault was either uninsured or underinsured, you can file for payment of the difference with your insurance company.

So, if your claim is for $100,000, and you have uninsured coverage of $100,000, you could apply the $25,000 from the other party’s insurance and claim the remaining $75,000 on your policy.

Uninsured motorist coverage is relatively inexpensive. Check your auto insurance policy today and make sure you have an amount you are comfortable with. Then, in the event of an accident, contact an experienced traffic attorney to help you takes the correct steps toward the best possible outcome.

What is the Definition of a Serious Injury?

If you are involved in an accident and charged with either Driving Under the Influence (DUI) or Reckless Driving, and because of that driving, you cause another person to suffer serious injury, you could be charged with a felony, punishable with imprisonment anywhere from 3 to 15 years.

Serious injury by vehicle is one of two types of DUI cases which can be a felony case, with the other being vehicular homicide.

What is the definition of a “serious injury?”  A serious injury is “when another is deprived of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless.”

Here are some examples of Serious Injury by Vehicle from actual Georgia auto accident cases:

  1. Broken bone(s), even a little toe!
  2. Stitches
  3. Losing vision in an eye
  4. Losing hearing
  5. Contusion of the brain
  6. Leg injury which resulted in temporary use
  7. Facial lacerations
  8. Disfigurement from surgery

Anytime you are involved in an accident involving another person, and you are charged with DUI or reckless driving, it is IMPORTANT that you hire an experienced traffic lawyer immediately.  There are many things which must be done soon after the accident, like notifying your insurance company, finding out the extent of any possible injuries to the other party, and obtaining copies of the police accident and incident reports. In addition, many times I will go ahead and hire an accident reconstructionist so that he can evaluate the accident site and evidence immediately.

A felony conviction can be devastating. The likelihood of not only prison time but also the disabilities that go along with such a conviction call for an aggressive, well-planned defense.

If you find yourself facing such a situation, please call me, Mickey G. Roberts, PC, immediately!

So You Got a Ticket Out of State: What You Need to Know

Summertime usually means traveling to the beach or mountains or lake. If you are planning on driving out of the state this summer, here are some scenarios to think about:

  1. Your teenager gets an out-of-state speeding ticket in Gulfshores, Alabama. How does that affect his/her license in GA?

If the speed is high enough that it would suspend the license in Georgia, then the Georgia license will eventually be suspended. If the offense is one that would suspend the license in Alabama, then the Georgia license will also eventually be suspended, and your teen will have to reinstate driving privileges in Alabama BEFORE getting their Georgia license reinstated.

  1. You get a DUI in Florida, and you have a Georgia license.

If you are convicted of Driving Under the Influence (DUI) in Florida, your Georgia license will be suspended. You will NOT be able to get a limited permit to drive to work, and you will only be able to get license reinstatement in Georgia once you have satisfied Florida’s reinstatement provisions.

  1. You receive a ticket out of state which can suspend a driver’s license either in the other state or Georgia.

Your Georgia license will be suspended and you will not be able to get Georgia license reinstatement until you have satisfied all the issuing state’s reinstatement procedures. For some reason, many folks think that an out of state ticket has no bearing on their GA license. Unfortunately, this is not accurate. Therefore, you should call or email me, Mickey Roberts, PC, if you or your family member receives a ticket out of state.

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Disclaimer

The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.
Gwinnett traffic attorney