How do I find out if my driver's license was suspended?

I can’t tell you how many times I’ve helped clients who say that they found out that their driver’s license was suspended when they are pulled over for some type of traffic infraction.  What would’ve resulted in a speeding ticket is now a trip to jail.  While the Department of Driver’s Service (DDS) does notify people when their license has been revoked, some people don’t read the letter, others may have moved and some letters might get lost in the mail.

There are many reasons that the DDS can suspend your driver’s license.  Examples include Failure to Appear in court (FTA), failure to carry insurance, possession of marijuana, the result of too many speeding tickets or other infractions, and failure to pay child support payments.  The DDS web site houses a wealth of information about this: http://www.dds.ga.gov/drivers/dldata.aspx?con=1744060376&ty=dl.

It’s easy to find out if your license has been suspended.  If you go to the Department of Driver’s Services, they will provide you a driving record for a low fee. You can even go online and enter your license number to see if it’s valid. 

If your driver’s license has been suspended, hire an experienced defense lawyer to help you resolve whatever issues have led to the suspension.  

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

What should I do if I get stopped for DUI in Georgia?

Anytime you drive after drinking alcohol or using any type of drugs (legally prescribed or otherwise), the most obvious and biggest risks are of injuring or killing your passengers, other drivers or yourself.   When in doubt, PLEASE do not drive, but rather, designate a sober driver, call a cab, call a friend or take advantage of a service like Uber.  

In addition to these huge and irreversible risks, when you drink and drive, you run the risk of being stopped for DUI, regardless of how well you handle yourself or how little you drink/use drugs.   

Here are 4 basic rules to remember if you do get pulled over.

1.    BE POLITE- The officer is just doing his or her job.

2.    DO NOT volunteer any more information than what you are asked.  If the officer asks if you have been drinking, give a one word answer – yes or no (be honest!).   Don’t volunteer how much or what you’ve been drinking.  If they ask how much, tell them the number of drinks, but NOT what you’ve been drinking.

3.    Remember the Field Sobriety Tests are VOLUNTARY

4.    The Breath/Blood/Urine Test is VOLUNTARY

From the point you are stopped to the point you are put in jail (and yes, you’ll likely go to jail if there’s an odor of alcohol on your breath), the police officer is gathering evidence against you.  He or she is paying attention to what you say, how you behave, and your performance on field tests or the breath/blood/urine tests. The State is required to convict you based on evidence, so the less evidence you provide, the more they will have to infer.  The less they have to work with, the harder it’ll be for them to convict you. 

The risk of losing your license for refusing the breath/blood/urine test may be the difference between a DUI conviction and a “not guilty.”  A good DUI Defense Attorney can show a judge or jury that there is not enough evidence to convict you, especially if you don’t give more evidence to the police at the time you are stopped.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

What happens at an ALS hearing?

Previously, we discussed the DUI 10 day rule.  To summarize, if you are pulled over for DUI and refuse the officer’s testing, your license will be revoked automatically and you have 10 days to request an Administrative License Suspension (ALS) hearing.
 

So you’ve sent in your request for a hearing and paid your $150 fee, now what? Within 30 days, you should receive a letter from the Office of Administrative Hearings with the time and date of your hearing.    

There are 4 possible outcomes of the hearing --

1.  The officer does not show up to the hearing (this does happen, but don’t count on it) and you or your attorney ask for the matter to be dismissed.  While this takes care of the license suspension, it does NOT mean the criminal case against you is dismissed. 

2.  The officer does show up and you (or your attorney) negotiate for the Officer to withdraw his suspension application.   There are two ways that can be accomplished:

·  The officer might just agree to withdraw the suspension with no requirements

·   The officer might have you promise in writing to plead guilty at your criminal hearing. There are arguments on both sides as to whether this agreement can be used as evidence in your criminal case if you choose later on to fight the charge instead.

3.  You have an ALS Hearing and are successful.  During the hearing, the officer has to show the court that he/she had probable cause to stop you and that you either refused to comply with the blood/breath/urine test or tested above the legal limit. If he/she is not able to do so, and you or your attorney argue successfully then the suspension is lifted.

4.  You have an Administrative License Hearing and lose. In this situation, the officer is able to successfully show that there was probable cause, and you refused the test or tested above the legal limit. Your license is suspended.

Please remember that the ALS hearing is about your license revocation – NOT about the criminal portion of your DUI (Stay tuned for a future blog about the criminal portion of DUI.) This hearing is an important part of your DUI case, and any testimony of the officer under oath in that hearing can be used in a later DUI trial, should you choose to contest the charge.  

Having an experienced lawyer represent you will help ensure that your rights are protected. To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

How can I protect my Commercial Driver's License?

Through one of my very first cases as a criminal defense attorney, I was introduced to the rigorous standards and responsibilities that individuals with a commercial driver’s license are held to. For instance, yesterday, I wrote about the fines and penalties involved with Driving While Distracted (DWD). For commercial truck drivers, the DWD fine can be 10-20 times that of those with non-commercial driver’s licenses!

The testing and license application to become a commercial driver is rigorous, and keeping that license is serious business. Non-commercial drivers can accrue up to 15 points on their driving record every 24 months before their license is suspended.  In some cases, a commercial driver can lose his or her license after one or two infractions.

Per Georgia Statute, commercial drivers are allowed one “serious” traffic violation (i.e. speeding, reckless driving, lane change violations, using wireless communication devices, etc…) every three years without a suspension of their license. Two serious violations will result in a 60 day suspension and three in three years will result in a 120 day suspension.

There are significant penalties for commercial drivers who commit “major” traffic violations (i.e. DUI, hit and run, fleeing and eluding, etc…), even when driving a non-commercial vehicle.  One conviction for a “major” traffic violation in a non-commercial vehicle means losing your commercial driver’s license for a year; in a commercial vehicle, the license suspension is three years. A second “major” conviction will cause a lifetime disqualification.

While many of us depend on our vehicles to get us to and from work, for a commercial driver, their ability to drive their vehicle IS their work, so the penalties can be life changing. An aggressive, knowledgeable lawyer can counsel a commercial driver and help them maintain their livelihood in the event that they have been accused of a serious or major traffic violation. 

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

What are the texting and driving laws in Georgia?

One of the newer laws getting a lot of attention these days is Driving While Distracted (DWD), sometimes known as the texting law. 

In Georgia, anyone under the age of 18 caught using a cell phone for any purpose (texting, making calls, surfing the internet, etc…) while driving can be charged with DWD and face a misdemeanor charge that will result in fine and loss of driving privileges.  If the driver using his/her cell phone is found to be at fault in an accident, there will be a definite license suspension for a minimum of 90 days.  This increases to a 6 month suspension for a second infraction.

Adults are not immune to this law either.  If caught texting while driving or causing another traffic infraction while using a cell phone or mobile device, drivers over 18 can also be charged with DWD.  This carries a fine, as well as points on their driving record.

 

The Law Offices of Brandon Rosenbloom encourages drivers of any age to refrain from driving and speaking or text on their cell phones, not just for their own safety but for the safety of everyone around them.

For more information about fighting a traffic ticket in the greater Atlanta area, visit our web site.  

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.