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License suspended for 2nd DUI charge, but I HAVE NO 2nd DUI.

Valdosta, GA |

I just received a notice in the mail from the Department of Driver Services saying that my license was suspended for a 2nd DUI charge within 5 years, but I haven't received a second DUI! I had a deputy friend of mine run my criminal history, and the only thing that shows is my ONE AND ONLY DUI charge from 2009. How can this happen and how can I fix it?

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Attorney answers 4

Posted

Definitely call the Georgia Dept. of Driver Services in Conyers, Georgia, or visit their site here for info:
http://www.dds.ga.gov/Contact/index.aspx
While your driving record and criminal history are two separate and distinct records, you obviously should not have a DUI charge showing on your DDS history that you never received.

Evan A. Watson is a Georgia licensed attorney. All information is based on Georgia law, and no response should be construed as legal advice. Additionally, this response does not create an attorney/client relationship. The response is simply a form of legal education and is intended to provide general information for all readers. Please refer with an attorney who practices in your applicable state for non-Georgia legal questions.

Posted

Also, have you had any convictions from another State? You maybe the victim of identity theft. You can get you history from DDS and see where they are saying the second conviction is from.

Asker

Posted

I've never had any convictions from anywhere else. Just this one DUI. The offense and disposition date they listed on the letter is from my only DUI from 2009. I assume it's just a clerical error of some sort, and I will be giving them a call as soon as they open.

Posted

Sometimes when you are charged with a DUI you are given a yellow traffic ticket and then later an accusation is filed. Some court clerks will get confused and submit the DUI to the Georgia Department of Driver Services twice for the same offense. You should retain an experienced DUI lawyer who will know who to contact at the DDS to clear this mess up. You can do it yourself but it will be a long and frustrating experience.

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.

Posted

You should get a copy of your criminal history AND your drivers history. Sometimes a clerks office will mistakenly resubmit forms and this could be the reason for GA Driver Services showing a 2nd DUI. Additionally, you should contact GA Driver Services and ask for a correction etc. I hope this info is helpful. Good luck!!

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.

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