i was arrested for dui last nite and the arresting officer didnt give me the DS 1205 form nor did he keep my license , do i need to file a written appeal and request an ALS hearing ?
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.
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 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.
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