Legal Question in Traffic Law in Georgia

RE: License Reinstatement-Extreme Hardship Conditions

My second DUI in Georgia was sentenced as a first DUI since the prosecutor did not see the second arrest and conviction in 5 years. For that my license was reinstated but suspended again on the oldest case. Court looked at my second DUI as a first conviction. Dept of Driver Services looks at it as a second DUI and requires a hard suspension of a year in Georgia with an inter lock device for 6 months after. My husband just died suddenly in his 40's of a massive coronary and I have 3 kids to support. I have written the DDS for a review for reinstatment as I am rounding 120 days and I have fulfilled all court requirements including ASAM classes which is required by DDS but not ordered by the court. Can you offer any assistance how I can get my license reinstated due to the extreme hardship? No family in state, no licensed driver at home, widowed working parent, need to provide for my kids and drive to/from work, church and groceries. Any suggestions here...for state of Georgia to expedite my license reinstatement? Can I go back to DDS with court order showing it was tried as a first DUI and it is the first incident/arrest for DUI. The other DUI case is closed and had reinstated my license after 120 days. Any suggestions here with my extreme hardship. If court permitted, it might amend the DDS requirements. Thoughts?


Asked on 2/07/12, 10:48 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your case is NOT a 1st time DUI. The state is required to treat it correctly even though the court dropped the ball.

You chose to make the irresponsible and dangerous step of driving drunk. Be thankful that you were not given a harsher sentence. You could have spent a year in jail. The fact that you have difficult circumstances does not change that you could have killed someone and that state law treats that harshly (as it should).

Comply with the 2nd DUI requirements and at the appropriate time, you can seek a license reinstatement with your interlock, etc. You can't get the state to misclassify your DUI.

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Answered on 2/07/12, 12:19 pm
George Creal George C. Creal, Jr., P.C., Trial Lawyers

Unfortunately, there is nothing you can do. License suspensions for 2nd in 5 year DUIs have not exceptions and no hardship provisions. Your first DUI sentence is technically an illegal sentence and void and you could be re-sentenced for second so I would keep my mouth shut and finish off the rest of your license suspension before things go from bad to worse.

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Answered on 2/07/12, 2:15 pm


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