What happens at a Georgia Administrative License Suspension Hearing (ALS) works
The Georgia Department of Driver Services (DDS) is the agency that regulates licenses. You can find the status of your license after you create an account on the DDS webpage http://www.dds.ga.gov/ .
DDS can suspend or revoke your drivers license while DUI charges are pending if:
- you took a breath test and the results are above the legal limit for your class of license, or
- you refused to take a test at the officer’s request.
During the hearing, an Administrative Law Judge (ALJ) will decide whether the police officer had a legal right to stop you and a legal right to arrest you.
The first step to take after you’ve gotten a DUI in Gwinnett County
Don't text or talk about your DUI!
Talking about your Gwinnett DUI to anyone makes them a witness against you. Back when I started my legal career, that meant I counseled my clients not to give details to their mothers or friends. Now I tell my clients: don’t share information about your arrest on social media, and mark your online profile as private ASAP. I can’t tell you to remove any incriminating photos or posts already up, and I’d never suggest that. But certainly making your profile private is a good step.
Not only are you turning friends and family into possible witnesses against you, by over sharing you’re giving the prosecution incriminating information. It’s simple and easy for prosecutors to access your online profile to see where you were just before your arrest. Did you take pictures of your fun night out? Did you post where you were planning on going or what you’d do there? Did your friends take pictures and tag you? All of these posts are going to show up on your account for anyone to see unless you keep your settings private. Twitter, Instagram and Facebook are the favorite places for the prosecution to start their case against you.
While we are talking about typing, don’t text a word either. If your phone isn’t password protected, the police can look at what is on it. If it is protected, they’ll wait for a warrant to be issued before they look. What will they see?
If you discuss—by text, social media, or over a cup of coffee—the details of your arrest with others, they can be called as witnesses by the prosecution. There is one exception: your DUI lawyer. Your attorney can't be a witness against you. Telling people about your arrest can damage your reputation, upset your loved ones, and may jeopardize your job. You should discuss your case details only with your DUI attorney.
What happens if your attorney doesn't send in the 10 day letter on time?
If your attorney does not send in the 10 day letter ON TIME your license is suspended, says Georgia’s Court of Appeal.
“January 8, 2016 Alert: The trial court erred in overturning the Department of Driver Services’ decision to deny as untimely the petitioner’s request for an administrative license suspension hearing pursuant to O.C.G.A. § 40-5-67.1 subsection (g), as the petitioner’s counsel’s error in failing to mail the request within the required timeframe was imputed to the petitioner.”
There goes that excuse! If the attorney you hired fails to send the 10day letter by day 10, your license is suspended. No exception, not even if your attorney has difficulty counting to 10.
Not sure if that attorney who gave you a free consultation is going to meet this important deadline? Not sure if that attorney who says $500 will get you the best defense money can buy in this county can follow though? I wouldn’t be so sure.
A JD diploma on a wall does not indicate an attorney has the knowledge and ability to handle every type of law case. I am reminded of this weekly. This week it happened while I was sitting in court, waiting to begin my contested hearing. A new attorney asked me about the license suspension form he was filling out. It’s a simple, self-explanatory form requesting the driver’s information. Anyone convicted of DUI (which means entering a guilty plea to DUI) has to sign a form acknowledging license suspension. There’s no way out of it. This young attorney didn’t know how to assist his client getting a limited driving permit. I don’t know what he charged his client, but he should have given a full refund for accepting a case about which he knew nothing.
Make sure you hire the right attorney from the start by asking him or her the right questions. How do you know what questions to ask? Get my book!
Hosting a celebration this week or next? Here’s a few tips from a DUI attorney who has seen everything:
- Make sure you serve more than just alcoholic beverages,
- limit alcohol consumption,
- encourage the use of designated drivers or ride services like Uber,
- and consider having “last call” an hour or more before the real end of the party.
If there are underage kids at your party, watch them closely to make sure they don’t help themselves to alcohol. If you are found serving alcohol to under 21 year-olds, you could face criminal charges of up to 12 months in jail or a fine of $1,000.
Out at a party and leaving jr at home alone? Make sure your teen isn’t hosting a party in your absence. I’ve seen cases before where mom and dad were criminally charged for a party their kid hosted at the family home while they were out.
Have a fun and safe holiday season.
'Tis the season for DUI checkpoints
You might call them roadblocks, license checks, safety checks but to me, they’re checkpoints. In Georgia, the police can set them up virtually anywhere, any time. This time of year, metro-Atlanta agencies will be checking you like Santa is checking his naughty/nice list.
If you see what looks like an accident at an intersection up ahead, it may be a checkpoint. Before you get discouraged at the slow-moving traffic and you make a safe U-turn, understand that the police probably have a “chase” car watching for you, and they will pull you over if it looks like you’re avoiding the checkpoint.
When you go through the checkpoint, have your license ready. Be polite and calm and since you haven’t been drinking anything, Officer Friendly will waive you through.
If you have been out and have been drinking alcohol, Officer Friendly can probably smell it before you admit imbibing. This is when it’s important to exercise your constitutional right to remain silent: you are not obligated to answer any questions, or even to say that you’re not going to answer questions. Be polite and calm and follow reasonable requests. Assume you are being recorded by a dash or body cam. Your passengers are also allowed to record your conversations with Officer Friendly with their smart phones.
Field sobriety tests are voluntary. That means you can volunteer to do these, or not. Be polite and calm, and treat Officer Friendly with the respect you’d like extended to you..
Use a designated driver. Call a cab. Call a friend. Call Uber or Lyft. Or call me after you’re released from jail and we’ll see what we can do to minimize a DUI charge.
What is on your attorney's wall?
Honors and Awards:
I get at least three solicitations each week from “associations” that tell me that I’ve been nominated for being one of the best DUI attorneys in Georgia.
These nominations entitle me to order a plaque, or pay a fee to have a certificate suitable for framing sent to me.
I don’t need to pay for a plaque. As a matter of fact, I find the ones I actually didn’t pay for are just “dustables” in my office, and I’ve taken them off the wall. I’m not sure how they’re manufactured, but I prefer to look at serene photos, or original art work, to looking at a plaque with my name on it.
When you’re interviewing an attorney to represent you, take notes of any awards or plaques you may see, and ask the attorney what he or she did to earn that award, or how much he or she had to pay to join the organization in order to be allowed to purchase the award.
There are few that count. The one I think matters the most is awarded by Super Lawyers. I'm proud to say I've made the Georgia Super Lawyers list every year since 2012. It is only given to the top 5% of lawyers in the state. Who gets it? Well, you have to be nominated and voted on by your peers. That means a lot to me. You still won't see it on my walls (I mean it when I say I like art), but you'll see it on this site!
Easier for young drivers to keep their licenses
Georgia recently passed new laws regarding when and how driver’s licenses can be suspended. As some of us know from experience, there are many ways to get your license suspended. As of July 2015, there are now fewer ways.
Your license can no longer be suspended for:
- purchasing alcohol while under 21,
- possessing alcohol while under 21 and while driving,
- lending or borrowing a license for the purpose of false identification,
- making or distributing fake IDs, and
- driving away without paying for gasoline.
Okra and Marijuana?
Did you see a helicopter flying over a Cartersville neighborhood in last Wednesday? Perhaps it was the one flying over the house where the retired guy who likes to garden lives. More specifically, perhaps it was the 'copter that called for a heavily armed police force to storm the man's garden only to discover that the marijuana that was seen from the helicopter was okra, not pot. I think I spotted a butterfly bush in the video. That looks suspiciously like pot, too. As much as okra does at least.
The Right Way to Handle a Georgia Traffic Ticket
While I was waiting for court the other day, I overheard a county employee asking a traffic ticket prosecutor how best to handle her son's traffic ticket. I wasn't surprised to hear the prosecutor tell the mother to just go ahead and pay the ticket: "The judge is going find your son guilty anyway."
Who should you ask if you have a question about a traffic ticket you've received? Not the prosecutor. He's got a huge caseload; his goal is the fastest solution. Just paying the ticket is the fastest solution 9 out of 10 times. And that is certainly one way to handle a traffic ticket. In fact, it is one of the most popular.
But it shouldn't be. Before just paying a ticket, think about what that ticket will mean to you and your family. Your goal -- not the prosecutor's goal -- determines how to handle that ticket. Talking to a lawyer can help you determine your goals.