Georgia SB 100, which was passed in this year’s legislative session, changes several laws which previously had provided mandatory license suspensions.  In particular, the offense of a minor in possession of alcohol and the offense of possession of drugs NO LONGER CARRY MANDATORY LICENSE SUSPENSIONS if they are not involved in a DUI.

mugshot (small)While these offenses no longer carry mandatory suspensions and will not be reported to the Department of Driver Services (DDS), it is important to note that they still remain on a person’s arrest record if the person was arrested and fingerprinted. As a result, it’s still important to hire an attorney to make sure that the correct plea is entered so the arrest record can be restricted.

Here is a summary of the changes:

  1. 3-3-23.1 Minor in Possession of Alcohol: Deletes paragraph 3; no longer results in driver’s license suspension. Also deletes the suspension under 40-5-57.1(a) relating to suspension for under age possession of alcohol.
  1. 40-5-22(d) allows DDS to issue limited permit under 40-5-64 if license has been suspended due to suspension in another state, if otherwise eligible for such a limited permit.
  1. No mandatory suspension for use of fraudulent or fictitious license under 40-5-54 (a)(6); or any felony violation of Article I, Chapter 9, Title 16, if such offense is related to an identification document as defined in 16-9-4.
  1. No suspension for drug convictions under 40-5-75 ; still suspended for DUI Drugs, although eligible for limited permit IF in Drug Court Program.
  1. No more license suspensions under 40-5-57.2(which is repealed), for conviction of driving off without paying for gas, 40-6-255.

 

SB 100 is just one example of how Georgia’s laws are constantly changing, and why it’s crucial to work with a traffic lawyer who specializes in your area of need and who stays up-to-date with all the new laws, decisions, and precedents while understanding the impact they have on your case. To discuss your case and how I may be able to help, schedule a consultation with me, Mickey G. Roberts.