Under O.C.G.A. § 40-5-67 the rules require that a driver be given a date for an Administrative License Suspension Hearing within 30 days of receipt of Request for a Hearing. If an administrative license suspension hearing is requested in a timely manner, but the hearing is not held before the expiration of the driving permit, the driver may be left with no way to drive.
We requested a license suspension hearing for my client. I recorded the date that I sent it on the calendar and kept a copy of the proof of service. The proof of service was the copy of the certified mail receipt showing delivery to the Department of Driver Services (DDS). On the 31st day following our request, we prepared and filed a Motion to dismiss Administrative License Suspension for failure to have hearing within 30 days of receipt of request. We filed our motion with the Department of Driver Services, not the Office of State Administrative Hearings (OSAH) because we didn’t want OSAH to try and intercept the file before it was assigned to OSAH. Our motion was granted and my client’s license suspension was dismissed.
Judgment: Defense to License Suspension: Hearing within 30 days
