License Suspension - Cerbone Law

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

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Port Wentworth DUI Arrest

Lance was driving home with his wife. A Port Wentworth police officer got behind him and followed him for about five miles. He was pulled over for Failure to maintain lane. The police officer wrote in his report that “the black BMW crossed the lane lines several times.” The officer walked up to his window.

He did the field sobriety tests and got arrested for DUI. At the station he blew a .111% on the Intoxilyzer 5000. He was shocked because he knew he wasn’t drunk. He needed his license to make a living and support his family. We challenged the license suspension. We brought a certified court reporter to make a solid record to use later on at the criminal case. At the hearing, I cross-examined the cop. One thing lead to another and the officer didn’t satisfy the burden of proof for the Administrative Law Judge. The suspension was denied. Lance walked away and drove while his DUI charges were pending in the State Court of Chatham County.

Judgment: DUI license suspension win