DUI - I Was Arrested Now What about My Drivers License in Georgia?
Sam Sliger, who works in the Criminal Division of the law firm of McDonald & Cody, LLC has experience in this area. Due to the overwhelming requests for information on DUI arrests in Helen, Blairsville, Jefferson and Baldwin. Sam has prepared this article for your consideration.
A potential client always wants to know “What happens to my Drivers License after being arrested for DUI in Helen?” In Georgia, after you are arrested for DUI the officer will take your physical plastic license from you. When he or she does this the process of suspending your privilege begins. The Officer will leave a form with you, known as a 1205 (long yellow sheet with small print) and if you read the fine print on the back you will see that it says you must file an appeal within 10 business days from your arrest or your license could be suspended for one year. However, you can appeal this suspension by requesting a hearing. For more information about how to file an appeal to secure a hearing please call Sam at McDonald & Cody, LLC (706) 778-5291.
Please make sure that you file a hearing or appeal with the Department of Drivers Safety. Once a request is made, the Georgia Office of State Administrative Hearings (OSAH) will set up a hearing date so that you can contest the suspension of your license. This creates 2 legal battles (1) for your license; and (2) the criminal DUI case in the jurisdiction you were arrested. Even though these two court proceedings are separate, they are related and the best DUI lawyers in Georgia understand the interrelationship of both and use that effectively to provide you the best defense possible. In North Georgia, the License Hearing is held in Toccoa Georgia, usually before the Honorable Ana Kennedy at the Toccoa Municipal Court, 92 North Alexander Street 2nd floor. All arrests in Habersham County, Franklin County, Hart County, Rabun County and Stephens County go to this Court. Especially the municipal agencies those counties.
The government cannot suspend your license without providing you notice and the opportunity to be heard. The legal term for this is called due process. You have heard it before “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law.” Fourteenth Amendment to the United States Constitution. Therefore, that piece of paper that the Officer gives you (sometimes called a 1205) satisfies the notice requirement and gives you the right to be heard if you file your appeal within 10 days. If you do not file your appeal within 10 days, you will have waived your right to be heard and your license will then be suspended. To make sure you do not waive any rights, speak with Sam Sliger at (706) 778-5291.