Tag Archives: suspended license Georgia

Georgia Driver’s License: Right or Privilege?

There’s nothing quite like the feeling of driving a car for the first time by yourself as a teenage driver: you’ve completed numerous hours of driver’s ed., passed the written test and aced the driving portion – congratulations, you’re a licensed Georgia driver!  What seems like a rite of passage for individuals over 16 year of age is considered a “driver’s privilege” in the eyes of the law when licenses are issued.  This means that what the State giveth, it can also taketh, and yes, they will suspend your license for a number of reasons.  I would like to share with you five examples (of course the list isn’t limited to these five) of such reasons that can lead to a Georgia license suspension:

    Georgia Drivers License Right or Privilege
  1. DUI: driving under the influence (DUI) is one of Georgia’s most common traffic offenses.  This means that if you are pulled over by a cop, consent to field sobriety tests , and consent to a breath test that show your blood alcohol concentration (BAC) is over .08 grams (.02 for under 21 drivers), then you can be convicted of DUI and your license suspended for a predetermined period of time.
  2. Too many points on your driving record: certain traffic convictions carry point values.  For instance speeding ranges from 2-6 points, depending on your speed, while unlawfully passing a school bus is 6 points.  If you accumulate a certain total of points in a short period of time (it’s dependent on your age and point value assigned to a specific conviction), then your license can be suspended.
  3. Hit & run: this refers to hitting another vehicle and driving away before the accident has been reported.  This is considered a serious infraction as it implies that you consciously chose to drive off and as a result, hit and runs are considered a mandatory suspendable offense.
  4. Failure to pay child support: if you have been mandated by the courts to pay child support and fail to do so, your name is added to a state-wide certified list of all persons in violation (this list is updated monthly).  If you have accumulated over 60 days’ worth of not paying then a licensing agency/department has the right to withhold your license until payment is made.
  5. School attendance: a teenage driver under the age of 18 can have their license suspended for several reasons including, dropping out of school without graduating, having 10 or more unexcused absences in an academic year or pleading guilty to a number of offenses (such as drug or weapon possession, causing bodily harm to students/teachers, etc.).  Conduct infractions can lead to a one-year suspension or until the minor has turned 18.

As an experienced traffic and DUI lawyer, I not only defend people who have had their license suspended because of traffic offenses but I also help get license suspensions revoked.  Give me a call or contact MrGaDUI today if you have recently had your Georgia license suspended.  For more on the latest updates in DUI or traffic law, stay connected with me through my Mickey Roberts, P.C. Facebook, Twitter or Google+ page.

5 Common Questions about BUI in Georgia

1. What is a BUI? The Georgia law of boating under the influence says no person shall operate a vessel while under the influence of alcohol, drugs, or a combination thereof, when it is less safe to do so; while having a blood alcohol concentration of .08 or above within 3 hours of operating such vessel; if there is any amount of marijuana or a controlled substance in their blood or urine; or has prescription drugs in their blood and is rendered incapable of operating a vessel safely. what is a BUI?

2. What is considered a “vessel” for BUI purposes?
“Vessel” means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts and homemade vessels. The vessel does NOT need to be motorized.

3. Can my driver’s license be suspended if I am convicted of BUI? No, only your “privilege to operate a vessel” can be suspended. Your privilege to operate can be suspended anywhere from 30 days to 5 years, depending on the number of BUI convictions you have.

4. What gives the Department of Natural Resources (DNR) the right to stop my boat? Under current Georgia law, the DNR or any other law enforcement officer can stop your vessel for any reason, including verifying proper documentation and safety equipment on board. The police do NOT need articulable suspicion to stop you as they would need when stopping your car.

5. What are the penalties for a BUI conviction? Besides loss of privilege to operate a vessel for a period of time, BUIs are misdemeanors punishable by a maximum of 12 months in jail and a $1000 fine. BUIs are very similar to DUIs, with officers using field sobriety tests, portable breath tests, and intoximeter breath machines to prove your guilt. Therefore, it is important to hire an experienced BUI and traffic lawyer who will aggressively fight for your rights. If you require legal representation for BUI or any other traffic offense, contact MRGADUI today. Be sure to follow Mickey Roberts on Facebook, Twitter, and Google+ for more information on Georgia traffic laws.

Radar Speed Detection Reinstituted in Gwinnett as Traffic Fatalities Jump

Have you recently noticed more police out in Gwinnett County using radar guns to catch speeders? In January 2011, only one year after the state of Georgia instituted the super speeder law, the option for Gwinnett County police and many city police in Gwinnett to use laser and radar speed detection was revoked due to an unresolved conflict between the county and city governments.

Although Georgia State Patrol could still use radar and laser detection to track drivers’ speed and Gwinnett police were able to catch speeders by pacing drivers, this revocation surely affected the number of speeding citations issued. According to an article in the Atlanta Journal Constitution, Gwinnett County police alone issued 29,000 speeding citations in 2010, and three-fourths of these citations were determined through the help of laser and radar gun detection.

In February 2012, the conflict was finally resolved and radar guns were returned to Gwinnett police. The police influenced by the dispute reported they operated just fine without the radars, but were definitely glad to have them back. They believe drivers are more likely to slow down if they know police are on the roads clocking their speed. With recent car accidents earlier this month resulting in three traffic fatalities over the span of five days in Gwinnett, you can probably expect to see even more police on the road.

On Friday, April 6th, a box truck crashed into the rear of a Nissan Altima sending both vehicles into a pickup truck and a minivan on I-985 S under Buford Drive. The driver and passenger of the Nissan died on impact. The other individuals involved suffered minor injuries. Police determined speed and alcohol were not factors in this accident, but the box truck driver was charged with two counts of second degree vehicular homicide. Second degree vehicular homicide is a misdemeanor resulting in a maximum sentence of 12 months, but first degree vehicular homicide is a felony and can result in 3 to 15 years in prison and license suspension.

The other traffic fatality in Gwinnett occurred April 10th at the intersection of Lawrenceville-Suwanee Road and Sugarloaf Parkway when a driver turned left in front of another driver as the stop light turned from green to yellow. The driver who was struck on the right side of his vehicle died at the scene. This incident is still under investigation to determine right of way and if speed was a factor, but driving while under the influence of alcohol did not seem to be a factor.

A leading Atlanta DUI defense lawyer, Mickey Roberts has seen many lives take an unfortunate turn due to drunk driving and vehicular homicide charges. He urges driver’s to drive carefully. Whether you drive carefully to avoid a speeding ticket or to prevent harm to yourself and other drivers, it’s important to be cautious as one bad decision can result in harsh consequences. If you have been arrested for DUI or other traffic violations, contact MrGaDUI today. Be sure to visit his website to learn more about driver’s rights, and connect with him on Facebook, Twitter, and Google+ if you haven’t already.

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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.
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