The difference between having a license revoked or suspended

By Jessica Towne

I blogged earlier about what happens when your Georgia driver's license is cancelled. Now, we'll look at the other two ways Georgia drivers can lose their driving privileges, revocation and suspension.

According to the DDS:

Revocation:
"...Your driving privileges are terminated and withdrawn until the end of the period of time prescribed by DDS. At the expiration of the revocation period, you may apply for a new driver's license once you satisfy the certain requirements."

Suspension:
"...Your driving privilege is temporarily withdrawn for a specific period of time. At the expiration of the suspension period, you may apply for a driver's license once you satisfy the requirements."

Somehow they make revocation and suspension sound nearly identical. There are important differences.

Revocation
If your license is revoked, it tends to be for five years or longer. If more than 5 years has elapsed and you haven't cleared up a revoked license, it "reverts" to suspended, which usually means a lower fine, etc., in court.

Mandatory Revocation
Your driver's license will be revoked in Georgia, if:
1. You are declared a habitual violator for any third conviction of a mandatory suspended offense within five years. Revocation is for five years from the date of the most recent conviction.
2. You refuse to submit to a re-examination of driving skills or knowledge of driving rules after receiving notice giving reasonable grounds for such a request.
3. There is sufficient evidence of incompetence or unfitness to drive, due to being incapacitated by reason of disease, mental or physical disability, or by alcohol or drug addiction.

Suspension
If your license is suspended, it tends to be for a limited time, no more than three years, even if the notice says "indefinitely."

Mandatory Suspension
The Department of Driver Services shall suspend a license for a conviction of any of the following offenses in Georgia or any other state:
1. Homicide by vehicle.
2. Any felony in the commission of which a motor vehicle is used.
3. Using a motor vehicle in fleeing or attempting to elude an officer.
4. Fraudulent application for a license or fictitious use of a license.
5. Hit and run or leaving the scene of an accident.
6. Racing.
7. Operating a motor vehicle with a revoked, canceled, or suspended registration.
8. Felony forgery relating to an Identification document.

Other Common Suspensions
1. Refusing to take a chemical test in conjunction with an arrest for DUI.
2. Driving without insurance.
3. Driving while license is suspended (causing further suspended for six months).
4. Failing to appear in court or respond to a traffic citation.
5. Possessing any drugs in violation of the Georgia Control Substance Act.
6. Accumulating 15 points within 24 months under the point system, including violations committed out of state.
7. Driving under the influence of alcohol or drugs.
8. A person convicted of possession, distribution, sale or use of a controlled substance or marijuana will be subject to the suspension of his or her driver's license or driving privilege even if the offense did not occur in or involve the use of a motor vehicle.

Those under 21 can have their licenses suspended for even more reasons. See the dds site for many, many ways they can lose their licenses.

Continue Reading...

The Difference Between a DUI Profesional and a Wannabe

Robert Frost once said:

A jury consists of twelve persons chosen to decide who has the better lawyer.

Do you seriously want him defending your DUI?

Choosing the right lawyer is a decision that can have a profound effect on the outcome of your case.  A good lawyer will do everything they can to protect your rights while a bad lawyer can lead to you getting falsely convicted.  The Innocence Project lists bad lawyering as one of the leading causes of false convictions.  The difference between truly professional lawyers and bad lawyers is even more pronounced in DUI cases where the bulk of the evidence is scientific and complex.

So how can the average client tell the difference between a good lawyer and a bad one?

Here are some tell-tale signs for you to keep in mind:

Professional DUI LawyerWannabe (DrumpTruck) DUI LawyerGoal: To Thoroughly and aggressively defend the rights of their clientsGoal: To process their cases as quickly as possibleLimits their caseload to ensure every case is given the proper amount of time and attentionTakes on as many clients as possibleTakes cases to trial and fights in the courtroomPushes for a lot of guilty pleas and quick dealsShows their commitment to DUI defense by spending their time and money to attend advanced DUI seminarsRelies only on what they learned in law school (which is nothing about DUI)Is willing to provide references from the top lawyers in the countryThe top lawyers in the country don’t know themUses expert witnesses at trialsDoesn’t go to trials in the first placeSpeaks in specific confident terms and keeps you informedSpeaks in general non-specific terms and doesn’t focus on the details of the caseAfter all is said and done has done everything they can to get the best result possibleLeaves you asking yourself “What if I had chosen a Professional?”

View the original article here

Continue Reading...

Injured in a DUI? Understand the Difference between the California Victim Compensation Program and Victim Restitution

Victims who are injured in a DUI are entitled to compensation for their losses, such as hospital bills, car damage, loss of wages, etc. But the money to repay these losses comes from two different sources –the offender or the California Victim Compensation Program.

The California Victim Compensation Program is a state fund program that is designed to provide compensation to victims of violent crimes, including driving under the influence, for unreimbursed physical injuries associated with the crime. This compensation is available for victims and their immediate family members who suffer injury, threat of injury or death from drunk driving. If the victim suffers emotional damage…and requires therapy as a result…those expenses may also be approved. The California Victim Compensation Program does not apply to economic damage – those expenses are reimbursed from the DUI offender.

If you are involved in an accident with a driver who is convicted for DUI…and your car is damaged…the court will order the defendant to reimburse you for your damage. If he/she has car insurance, the insurance will cover the expenses. And if not, the judge will order the defendant to make payments directly to the victim. If the defendant is unable to pay, California has a separate fund to reimburse victims for these types of economic damages as well.

View the original article here

Continue Reading...