THE ADMINISTRATIVE HEARINGS
Administrative hearings are a critical part of a client’s case. After a DUI arrest if the licensed driver does nothing, then their license and privilege to drive in Georgia will be suspended. It often happens that if a client loses their privilege to drive, it often affects the client’s desires to proceed with fighting the DUI criminal charge.
The administrative hearing gives us, as your attorney, a chance to cross-examine the arresting officer under oath, so that important issues can be reviewed before the criminal (DUI) case ever starts. Many times, this is our only chance to obtain direct, under oath information about the officer’s case.
These Administrative hearings are before an administrative law judge who works for the Georgia Office of State Administrative Hearings. This is sometimes a client’s chance to see the Court system in person before the client’s actually criminal trial.
After you are arrested, you have 10 business days to file a request for a hearing with the Georgia Department of Motor Vehicle Safety. Day 1 is the next calendar day after your arrest. All state holidays and weekend days are NOT counted as “business” days. The request for a hearing must be in written form, raising the applicable legal challenges to your pending administrative suspension. At Andrews & Sanders Law Offices our attorneys and staff are knowledgeable and prepared when it comes to dealing with these administrative procedures. Call us within the 10 days and let us help you.
NO LIMITED (WORK) PERMIT is available for drivers, so winning or negotiating a “withdrawal” of the proposed suspension is critical. If you have had another administrative suspension within in the last 5 years, this will count as a second administrative license offense. Your license can be suspended for 3 years.
It is imperative to remember that any administrative license suspension action is a separate and distinct, civil component to the criminal prosecution you are facing. A DUI conviction can mean much more than license suspension. You will face a multitude of additional penalties.
