Within (10) business days I must request a hearing or my license will be suspended. The hearing will be held in accordance w/ the "GA Administrative Procedures Act" and the Dept of Driver Services Rule 570-1-.05.
In the request, I must include
1. Name and Address of all interested parties who may testify.
2. A clear and concise statement of facts upon which the contested case arises;
3. A statement setting forth the relief sought;
4. If represented by counsel, I have to provide counsel's name, addressn and phone #.
Is there anywhere I can find an example of what needs to be submitted (Request for Hearing) I can use as a guidline?
What are the chances of me getting this changed to reckless driving?
I do not practice in your area, but the letter is the same throughout Georgia. We use a 3 page letter that asserts every possible defense. If you would like to email me directly at Jim@DUIJim.com I'd be happy to send you the letter free of charge, and with no obligation. All I need along with your email is your full legal name, date of birth, date of arrest, driver's license number, and mailing address. The reason why the officer stopped you is a good one. It is a non-moving violation. Usually DUI cases begin with some sort of "bad driving" or "less safe driving" such as failure to maintain lane, weaving, an accident, running a red light, etc. Here your driving was fine, but you were pulled over because your light was out. A reduction to Reckless will depend on whether this is your first DUI arrest and charge, and how you performed on the field sobriety evaluations.
All that is required is a simple written request that you be afforded a hearing on the officer's request for the suspension. You will need to include a money order for "filing fee" of $150.00 I do not practice in that area of Georgia, but you might check with the Bob Daniel firm in Macon or perhaps Rusty Wright in Cordele, both terrific DUI lawyers, who I am sure will provide you with such a form. Alternatively, reply back to my website and I will be happy to provide you with such a form without charge. Remember , do not let the 10 business day tiem lapse.
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