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I was pulled over and arrested. i did not know my license was suspended. Does the court have to prove i knew it was suspended

Greenville, GA |

to convict in bench trial

Attorney Answers 3

Posted

It depends why you were suspended. Most suspensions in Georgia now don't require notice as the notice is presumed by operation of law.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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Sean Joseph McIlhinney

Sean Joseph McIlhinney

Posted

Unfortunately, notice is not normally required but it does depend on why your license was suspended. I would advise you to secure an attorney who is familiar with the court that your case is in. The attorney can secure your driving record and determine how best to handle your case.

Posted

Even if the DDS is required to notify you, all that means is that they send a letter to the address on your license.

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Posted

Get the discovery from the DA. It is likely that they sent the required notice to your last known address, which constitutes as proper service and that you should have had knowledge, because you are responsible for updating DMV with a change of address.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.

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