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Suspended License in Georgia! How do I challenge the DDS. What Court do I need to file a complaint in?

Suwanee, GA |

Drivers License was suspended 5 days ago due to a Violation in 1995 for controlled substance. 15 years old at the time. I was told by DDS to pay a fee and attend some DUI classes to reinstate my license. Now, I've been driving for 19 years with no problem until I tried to renew my license,. My license was renewed a few years ago no problem. I have already paid my dues and went to classes 19 years ago, this is how I was able to get my license in the first place 19 years ago. DDS is telling me there is something going on with 2 different names on my history. There is one name spelled correctly and another misspelled name on my file. I want to challenge to DDS decision on suspending my license with no due process and also there is some fraud going on somewhere. I just want my license back.

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Attorney answers 3

Posted

I would advise that you speak with a criminal defense attorney as soon as possible. There are at least a couple possible options. The first is to have the attorney contact DDS to find out what is going on and whether there may simply be a mix-up, or if DDS is acting lawfully. If it appears DDS is acting improperly (whether illegally or simply in error because of a clerical mistake, for example), and they are not willing to correct it, you may be able to initiate an appeal through the Office of State Administrative Hearings ("OSAH"), and request a hearing on the matter. Regardless, I advise that you hire an attorney to assist you, rather than you trying to navigate the process yourself. As part of all of this, I advise that you obtain a copy of your driving history for GA to show your attorney. Good luck.

Posted

I recommend hiring a lawyer to handle this situation. Dealing with DDS can be very frustrating, even for a lawyer. Often times the clerks do not have a full appreciation for the situation and a lawyer can talk to the lawyer for DDS to take care of the situation.

Posted

They should send you a notice stating that your license is being suspended, and ordering you to surrender your license. One of the letters DDS sends you should state that you have 10 business days to challenge the suspension of your license. Even if they don't send you this paperwork you have 10 business days to challenge this suspension. Keep in mind that challenging the suspension does not stay the suspension. They will still suspend your license while you fight everything out.

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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