I was acquitted (or the charge was dismissed, reduced to a lesser offense, or resolved other than by a conviction) of the DUI charge against me, however, the Georgia Department of Driver Services (DDS) tells me there is an Administrative License Suspension (ALS) on my driver’s history. What is an ALS and how do I resolve this issue?
NOTE: The Clerk’s Office only reports convictions/guilty pleas to DDS. Therefore, it is incumbent upon the accused to clear the ALS with the DDS if the charge against you is dismissed, reduced to a lesser offense, or otherwise resolved in some manner other than by a conviction for DUI.
An Administrative License Suspension is an action taken by the arresting officer in a DUI case. The suspension is based upon a refusal OR upon test results from blood, breath, urine and/or other bodily substances provided by the accused. This has an administrative
penalty and is separate from any suspension DDS may impose, if convicted. Once notified by the arresting officer, the Georgia Department of Driver Services will seek to SUSPEND your driver’s license (for those licensed to drive by the State of Georgia) or for non-Georgia licensees your privilege
to operate a car anywhere within the State of Georgia FOR A PERIOD OF ONE YEAR.
If you are under an ALS and are acquitted of the underlying charge of (DUI) or if the case is dismissed, reduced to a lesser offense, or otherwise resolved in some manner other than by a conviction for DUI, you should contact the DDS so the DDS can delete this administrative suspension from your driving record. Be sure that you have a certified (with the court’s seal) copy of the disposition of the DUI charge available for submission to the DDS.
Driving while your license or driving privilege is suspended is a crime, and a conviction for driving during this suspension may result in criminal penalties and an additional period of license suspension.
You may want to ask your attorney about the ALS prior to disposing of your case.
I was charged with DUI. The officer took my driver’s license and issued me a 180 day permit (DS1127). My case has not been adjudicated (disposed) but the 180 days has expired. Can I get an extension? Also, what did the officer do with my license?
Per the Department of Driver Services: At the time a law enforcement officer takes a person's driver's license for an alcohol concentration in violation of O.C.G.A. §40-6-391 but less than the level for an administrative license suspension under O.C.G.A. §40-5-67.1, the officer shall issue an 180 temporary driving permit. This permit shall be valid until the expiration of 180 days or until the person's driving privilege is suspended or revoked. When the sticker expires and the case has not yet been adjudicated, the customer should go to the closest DDS Customer Service Center (CSC) with the letter or notice from the court/solicitor that the case has not yet been adjudicated and the citation showing the 180 day sticker issued at bottom. The DDS team member will contact the DDS help desk who will issue a temporary permit (like the ALS permit), which will be faxed to the customer while at the CSC, with the original placed in the mail to the customer.
OCGA 40-5-67 requires the license to stay with the court of jurisdiction until adjudication. If acquitted, the license, if still in the court’s possession, will be returned to you unless the license is in suspension for any other offense, in which case the court shall forward the license to the department for disposition. If the license is not in the court’s possession, you need to purchase a new license from the DDS Customer Service Center.
Can I post a bond or pay my fine or restitution obligation by check?
No. Payments may be made with cash or certified funds only. That means either cash, money orders, cashier's checks or Mastercard, VISA or Discover credit cards. Bonds may also be posted at the Fines Window or through the US Mail with certified funds and by phone, using either a VISA, or MASTERCARD. Citizens may also pay fine obligations or post bonds online through the facilities of E-Fine or E-Ticket. (Please do not send cash through the mail).
May I have a jury trial on the merits of my case?
Yes. You have every right to a jury trial on the merits of your case but not in the TVB. Cases handled in the TVB are considered administrative rather than criminal. If, for some reason, you would prefer a jury trial, the case will be removed from the TVB docket, set for arraignment and that begins the criminal court process.
If you wish to exercise your right to a jury trial, you may PREARRAIGN your case at the Clerk's office. Otherwise, you may, at the TVB hearing, simply state your preference for a jury trial to the court when your case is called. The case will then be set for arraignment, a new court date will be assigned and the District Attorney will prepare a formal accusation.
If the court date shown on my subpoena is not convenient for me. May I call to reschedule?
No. Except for very unusual circumstances,TVB cases are not continued. All persons scheduled for the TVB are obligated to appear in court on the date and time shown on the subpoena under penalty of law. Arrest warrants are typically issued for any defendant who fails to appear in court as subpoenaed, or post bond for the case cited. If you have any questions about this, please call or write the TVB Case Manager.
If I choose to post a bond rather than go to court, how is my case actually disposed?
In TVB cases the required bond is equal to the court's table of fines plus the fees and surcharges required by law for each offence included in the case. The bond amount required for each citation is printed on the subpoena(s). If that bond amount is posted before the court date, and the defendant chooses not to appear, the bond is forfeited and the case is closed, marked disposed by bond forfeiture.
Further, just as with a guilt plea in court or a finding of guilty, the case will be reported to all State agencies requiring notification. If points are to be assessed, those agencies will make the necessary assessments
I got a blue subpoena card in the mail. What's up with that?
When cases are placed on the TVB docket, blue postcard subpoenas are sent to the address on the citation. The cards include information about the charges, the fine/bond amounts ordered for that offence and the date and time the accused is required to appear in court. The back of the card includes information about TVB procedures. All TVB cases include one or more citations arising out of some incident for which the driver was cited. For reasons of accountability, an individual subpoena will be sent for each citation.
Significantly, each citation must be addressed before the case can be disposed of by posting a bond, therefore, the BOND REQUIRED is the total for all citations in the case.
What options do I have for handling my case?
1. You, alone or with counsel, may appear to court on the date and time shown on your subpoena and address the court on the merits of the case.
2. You may choose to post a bond equal to the total of all bonds set for each citation included in your case. Having posted the required bond, you may choose not to appear and forfeit the bond. This will dispose of the case. (NOTE: This only applies to specific traffic offenses handled by the Traffic Violations Bureau. If you fail to appear on other types of offenses, your bond may be forfeited and a warrant may be issued for your arrest.)
3. You may ask for a jury trial on the merits of your case. Note, however, that by law, will change the nature of this action from administrative to criminal.
How do I update or correct my address with the State Court?
Defendants must file their address change with the Clerk of Court. You can use this form
. If you are a victim or witness, you should contact the District Attorney's Office Victim/Witness Office
Where can I find information about Georgia Crime Information Center (GCIC) and Time Expired Restrictions (formerly expungements)?
O.C.G.A. §35-3-37 provides for the restriction of certain criminal history records for non-criminal justice purposes when approved by the prosecuting attorney. For arrests after July 1, 2013, there is no application process. You must contact the prosecutor to have your record restricted.
For arrests prior to July 1, 2013, you are required to apply for restriction at the arresting agency. The application can be found on Georgia Bureau of Investigations website. Follow the instructions on page one to apply for your record restriction.
If you have additional questions regarding the Time Expired Restrictions, please contact the GCIC CCH/Identification Services Helpdesk at email@example.com.
Click here for the GCIC website.
How do I find a lawyer?
The Clerk’s Office is prohibited by law from giving legal advice and cannot recommend a specific attorney. At its website, the State Bar of Georgia offers “suggestions to aid and assist individuals and businesses in choosing a lawyer.”
I appeared in court and paid my fine for speeding. I have received a notice that I must pay another fee because my speed was excessive. I have lost the information on where to send the payment. Why do I have to pay this fee? Who do I contact? If I must pay this fee, how do I pay it and who do I contact? What if my license is already suspended?
Georgia's 'Super Speeder Law' defines a Super Speeder as a driver convicted of speeding at 75 mph or more on a two-lane road or at 85 mph and above on any road or highway in the State of Georgia.
In addition to the fines and fees paid to the jurisdiction where the speeding offense took place, a $200 Super Speeder state fee is to be paid by the convicted driver. Failure to pay the Super Speeder fee within 120 days of official notice will result in the suspension of the offender’s license or driving privileges. Payment of a $50 reinstatement fee in addition to the $200 Super Speeder fee will then be required to reinstate their license or driving privileges.
Click here and you will be redirected to the Georgia Department of Driver Services FAQs about the Super Speeder Law.
How can I receive a transcript of a proceeding from a court case?
Contact the Court Reporters Office using the Transcript Request form.