McIlhinney & Sessions - DUI Law

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If you are charged with a DUI, you must act within 10 days from the date of your arrest in order to keep you driving license from being suspended or revoked.  You must request a hearing within 10 days or your license may be suspended for up to 1 year.

 

 

GEORGIA SUSPENDED LICENSE CHARGES 

DRIVING ON A SUSPENDED OR REVOKED LICENSE  
(Applicable Georgia Laws: O.C.G.A. §§ 40-5-121; 40-5-75) 

If you are charged with driving while your license is suspended or revoked, you face some potentially very harsh penalties.   

  • First Conviction Within five (5) Years – Jail time of at least 2 days is mandatory.  The fine for this conviction must be at least $500. 
     
  • Second or Subsequent Conviction Within five (5) Years – Jail time of at least 10 days is mandatory.  The fine for this conviction must be at least $1,000. 

NOTE: If you are convicted of driving while your license is suspended or revoked, your driver’s license will be suspended by the Georgia Department of Drivers Services for six (6) months.  NO LIMITED DRIVING PERMIT privilege during the period of suspension. 

Driving under a suspended or revoked license is a very technical case to prove. In many cases, our firm is able to secure a dismissal or reduction of this charge, thereby avoiding the imposition of mandatory jail sentences and a mandatory license suspension.  Contact our office today to schedule a FREE consultation to discuss your case and how we can defend you against these charges.   

In many Georgia suspended license cases, the crucial issue with regard to the charge is whether you had sufficient (legal) notice that, in fact, your license was suspended. You can have sufficient notice that your driver’s license is suspended in a few different ways:

  • You could have actual notice that your license is suspended. Many defendants state to the arresting officer that they know that their license is suspended.
  • You could have notice by operation of law. This notice occurs when your license is suspended for a particular offense, such as DUI or driving while license suspended.
  • You could be deemed to have constructive notice of a suspension by the mailing of a document notifying you of the suspension to the address that you maintained with the Department of Driver Services (or the equivalent of agency in the state that issued your license).

Georgia’s suspended license law is highly technical and, in many cases, attorneys Sean McIlhinney and Ben Sessions are successful in achieving a dismissal of the charge. If you have questions regarding your Georgia suspended license charge, please do not hesitate to contact our office today.

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McIlhinney & Sessions, LLC
DUI, Traffic Offense, and Criminal Defense Trial Lawyers
4036 Wetherburn Way, Suite A
Norcross, Georgia 30092
Telephone: 678.387.6920
Fax: 678.387.6926

Serving Clients in: Acworth Alpharetta Belvedere Park Buckhead Buford Candler-McAfee Canton Carrollton Cartersville College Park Conyers Covington Decatur Douglasville Druid Hills Duluth Dunwoody East Point Fayetteville Flowery Branch Forest Park Gainesville Griffin Johns Creek Kennesaw Lawrenceville Lilburn Mableton Marietta McDonough Milton Monroe Mountain Park Newnan North Atlanta North Decatur North Druid Hills Panthersville Peachtree City Powder Springs Redan Riverdale Roswell Sandy Springs Smyrna Snellville Stockbridge Sugar Hill Suwanee Tucker Union City Winder Woodstock

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