We always advise people to go ahead and send the 10-day letter along with the $150 fee to DDS. This will cover you just in case they do try to suspend your license. If they don't schedule a hearing, you can request your $150 back. Better to be safe than sorry. Call one of our DUI attorneys if you would like to discuss your case further--404-881-8866. Best wishes.
This is happening more and more often in my DUI cases. While it is unlikely this officer will file the 1205 later, I normally suggest that you file the appeal as insurance against that unlikely occurrence. If the 1205 is never filed, you can apply to get your $150 back for the appeal.
Hope that helps answer your question,
First, do not contact the Officer and ask for the 1205 because he can issue it later if he or his superior finds out he did not send one in the first place. Second, the safest bet is to send a letter requesting a hearing and the $150 filing fee to the DDS. Third, if this is a first DUI arrest in five years and you agreed to a breath test at the jail, rv or police station, the penalty for not sending in a letter is a license suspension in 30 days for 30 days with DUI school and a reinstatement fee with limited driving privileges to work/school/doctor. This would include under 21 drivers who can get a work permit on an administrative license suspension but not on an under 21 DUI conviction. So, the short answer is, it depends. There are pros and cons to both sending a letter and not sending a letter. I would contact a qualified DUI attorney immediately and discuss your options after a full review of the facts of your case and your history.
No legal advice should be obtained from this response alone. This response is a matter of attorney opinion only. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this response is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI.
I would recommend that you file your request for a hearing and send in the required $150 to the State. Doing this will insure that you get a hearing if the officer decides to file the DDS form 1205 later. I would NOT recommend that you make any attempt to contact the officer about his failure to file the DDS 1205 form. By sending in your request for a hearing you have protected your right to a hearing and if the form is not filed you can request to get your money back from the State. I hope this information has helped you and have a Merry Christmas!
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.
The short answer is yes, it is always better to be safe instead of sorry. If no 1205 was initiated in your case, you will suffer no harm by requesting a hearing. What you will do is protect your interest. A drivers license is a privilege and not a right in Georgia. Therefore, it is a lower standard of proof. What this ultimately means is that if the officer says he issued one and you say you did not get it, he will prevail and you wont have a license. Filing for the hearing will give you the proof you need. Send it certified and wait for a letter from DDS about your license. In the mean time, turn you attention to defending your case and fighting the DUI charge.
This is general information available to provide general legal knowledge, and should not be viewed as legal advice or an opinion as to the outcome of your legal matter. By providing this information, no attorney-client relationship has been agreed to. It is always pertinent to obtain legal advise before proceeding in your case. Attorney Douglas B. Chanco has been involved in obtaining favorable results for clients all over Georgia, in many cases from complex felonies including: arson, drug trafficking, burglary, aggravated stalking, theft crimes, and sex crimes as well as misdemeanors including: DUI, marijuana charges, shoplifting, theft crimes, and domestic violence battery and traffic citations. Attorney Chanco has defended DUI and criminal cases in the following Georgia cities and towns: Atlanta, Sandy Springs, Roswell, Marietta, East Point, Alpharetta, Dunwoody, Lawrenceville, Woodstock, Milton, Decatur, Norcross, Lilburn, Stone Mountain, Johns Creek, Jonesboro, Cumming. Toll Free: 1-855-9-ATL-DUI. www.chancolaw.com
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