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Driving w Suspended License in Georgia

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  • PhilipCal
    replied
    Originally posted by zhakkar View Post
    As I explained earlier, obviously I can't speak for Georgia, but there are states that it doesn't matter that you were aware or not. A certified notice sent to your ADDRESS OF RECORD with the dot is enough. It's not the dot's problem that you did not update the address on your DL, it's YOUR problem.
    This reply is also applicable in Alabama, with one minor correction. Substitute Department of Public Safety for DOT. The foregoing would not preclude the poster from retaining counsel, and the Attorney advancing DAL's argument. My court experience has been that Alabama judges don't often buy the argument. Of course, there's always the chance you could catch one in a good mood.

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  • zhakkar
    replied
    Originally posted by DAL View Post
    I would consult an attorney. It sounds to me like the state cannot prove its case, because driving with a suspended license requires proving that you knew your license was suspended. Perhaps in Georgia proof that you should have known your license was suspended would suffice. But even if you had not moved, the state could not prove that you would have received the notice overnight.
    As I explained earlier, obviously I can't speak for Georgia, but there are states that it doesn't matter that you were aware or not. A certified notice sent to your ADDRESS OF RECORD with the dot is enough. It's not the dot's problem that you did not update the address on your DL, it's YOUR problem.

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  • DAL
    replied
    Originally posted by ryker View Post
    I'd garner that we will now start seeing alot of theses cases. Super speeder started jan012011.
    That is less than 120 days ago.

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  • ryker
    replied
    The DDS super speeder is mailed to the address on your DL. It them gives 120 days for you to make payment or appeal.
    Last edited by ryker; 03-29-2012, 07:12 AM.

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  • DAL
    replied
    I would consult an attorney. It sounds to me like the state cannot prove its case, because driving with a suspended license requires proving that you knew your license was suspended. Perhaps in Georgia proof that you should have known your license was suspended would suffice. But even if you had not moved, the state could not prove that you would have received the notice overnight.
    Last edited by DAL; 04-18-2011, 01:15 PM.

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  • PhilipCal
    replied
    Common sense........whatever happened to it?

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  • zhakkar
    replied
    Just had court a couple weeks ago with 3 DUS cases in one day... Pretty much all the same story you had. "I didn't know I was suspended at the time of the stop." I cant speak for Georgia, but in Iowa that's just too bad. Doesn't mater. Guilty, guilty, and guilty in about 5 minutes total. And that's the way it should be. YOU got yourself in that situation and you can't honestly tell me you didn't know something might be happening with your license. If you're going fast enough to be called a "super speeder" then typically that will carry a suspension with it. Common sense.

    Here in Iowa if you're 25+ over and convicted of the citation you get suspended for a serious violation for an amount of time depending on how much over 25 you were. Yes, you even get suspended if you pay the cite right away and never appear in court.

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  • ryker
    replied
    Yes it's 48hrs in jail and a large fine. Second time is 10 days amd huge fine.

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  • ryker
    replied
    Which is why your legally required to update yor address with dds.

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  • PhilipCal
    replied
    Well, I'm going to give you a reply which pretty well applies nationwide. YOU are the root cause of your problems. In this case you made an incorrect assumption regarding the fine. I've issued literally thousands of citations, and each one of them had a number for the violator to call regarding properly and correctly handling the citation. In other words, a simple phone call to the Court Clerk could have solved your original problem, and probably avoided a suspension. What's done is done. Please be advised that this site does not dispense legal advice. That said, I'd offer you this. Explain your situation to the Judge. Don't whine, cry, or make excuses, simply explain. The Judge may take pity on you, he may not. The decision to retain an Attorney is yours. Few of them work for free, so you might consider the total dollar amount of your suspension/fine/court costs vis a vis what an Attorney might charge you.

    Leave a comment:


  • ryanewhitfield
    started a topic Driving w Suspended License in Georgia

    Driving w Suspended License in Georgia

    I was arrested in Chamblee, GA for driving on a suspended license. My license had been suspended the day before and I had no knowledge of it. ( The Georgia DDS sent letter of notification less than 24 hours before my arrest so there was no way I could have known) I received a speeding ticket 6 months before and payed the $250 fine but never received notification in the mail from the state that it was something called "super speeders" and required an addition $200. So they suspended my license after I did not pay that fine. It turns out GA DDS was mailing to an old address and the mail was not forwarded to me. I was arrested in Chamblee, posted bail and payed the fine for super speeders the next day and my license was immediately re-instated. I have to go to court in Chamblee for driving with a suspended license. This is a first offense of any kind for me , what should I expect in court? Some websites say mandatory 2 days in jail and fine of at least $500.
    Any suggestions? And do I really need a lawyer?

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