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How do I request an administrative hearing in Georgia?

Alpharetta, GA |

I was pulled over for a DUI and refused to submit to the breathalyzer. I was told by a friend of mine that I would have to request an administrative hearing within the next 10 days in order to keep my driving rights. I haven't been able to find any information on how to do this.

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Attorney answers 7

Posted

You can find the instructions on the Department of Driver Services website under rule 375-3-3-.04 Amended.

If you have any further questions about this or any other topic, please feel free to call me at 404-923-0446. All initial phone calls are free. By answering this question, there is no established attorney/client priviledge with Rohan Law, PC. Therefore you cannot rely solely on this information to form the basis of a legal opinion regarding your rights and responsibilities. If you believe that your case requires additional attention, you should contract an attorney to represent you directly.

Asker

Posted

I found the instructions, but I'm having trouble understanding them. It sounds like a lawyer would have to submit the form; am I understanding that correctly?

Douglas Brooks Rohan

Douglas Brooks Rohan

Posted

A lawyer doesn't have to, but it would be a very good idea. The judge will most likely instruct you to hire a lawyer for the main DUI case, so you might as well hire one for the ALS hearing as well. Most attorneys will charge a small add on fee to represent you on both cases. We have all the form ready to go and we understand the process because we have done it so many times before. You should speak with at least 3 to 5 different attorneys about your case. Most will offer a free consultation and see what kind of prices they will charge. It will vary depending on what court it is in, how many DUI arrests you have had, and ultimately on what you are wanting to pay. The DI case is the most complex case in the legal system. Do yourself a favor and invest in a lawyer to help you.

Posted

You need to retain an attorney.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
404-636-6616

Posted

Check the department of drivers services website. They have the form to request a hearing. But, a DUI is a serious charge. I would absolutely speak to and hire an attorney. I would not recommend representing yourself. I you have any questions, feel free to call me at 4042176978.

Posted

I would suggest you hire a lawyer to insure that the ALS request is properly filed otherwise you risk losing your driving privileges for one year.

Posted

Call my office tomorrow and we will send you a letter you can use to send on your own. Otherwise you are welcome to schedule an appointment to meet with an attorney and we can draft the letter for you at no cost. I am board certified in DUI defense and practice regularly in Alpharetta if that is where your case is. Mike Hawkins, Hawkins Law Firm. 770-685-6400.

Posted

Assuming the officer provided you with a notice of suspension in the form of a DDS Form 1205, you absolutely need to file a letter with the DDS to request a hearing on this matter. If not, you could face serious ramifications on your license. We would be happy to provide you with a 10-day letter and discuss your case in detail. If you plan to hire an attorney, most will send this letter on your behalf as part of their representation. If you want this case to end in something other than a DUI conviction, it would be in your best interest to consider retaining counsel to work with you to handle this case.

Posted

You can go to my website www.travistowe.com and download the "10 day letter" that you need. Also, you can find below the same sample “10-day” letter that contains all of the elements that will preserve one’s rights to receive an administrative license suspension hearing. If you wish to send in a 10-day letter on your own, you can base it on the template below. Include all wording and add all requested data (in italics). Also, send in the $150 check or money order made out to Georgia Department of Driver Services by certified mail and return receipt along with the letter.

SAMPLE LETTER REQUESTING AN ADMINISTRATION LICENSE SUSPENSION HEARING:
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Your name
Your address
Date

CERTIFIED MAIL RETURN RECEIPT REQUESTED
TO:
State of Georgia
Department of Motor Vehicle Safety
Hearing Unit, P.O. Box 80447
Conyers, GA 30013

RE:
Your name
Arresting Agency:
Arresting Officer: Arresting Officer’s Badge No.:
Date of arrest:
Your Drivers License No.:
Your Date of Birth:
Citation number:

Dear Sirs,

I was arrested for suspicion of driving under the influence of alcohol and / or drugs (DUI). I wish to appeal my administrative license suspension for allegedly testing above the statutory limit of blood alcohol content for someone of my age and drivers license class, or if so noted, for allegedly refusing the State administered tests of my bodily substances. This appeal is being filed under the code sections O.C.G.A. 40-5-67.1, 40-5-55 and 40-6-392. Please notify me of the date and time of the administrative hearing. Further, please send all correspondence, notices, or other communications regarding this case to my address listed above.

The arresting officer, his / her supervisor and I, are all witnesses I expect to testify at the hearing. I would also intend to subpoena the video tape of the incident to the hearing. I intend to raise all eligible issues at said hearing. I waive no rights or privileges. I wish to raise State and Federal constitutional challenges to the procedures used in this case. I request that my administrative suspension be stayed until all of these issues are resolved and the appropriate hearings held.

Attached is my check / money order of $150 made out to State of Georgia Department of Drivers Services to cover the statutory fee of the hearing.

Sincerely,
Your Name

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