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What are the Consequences of a Traffic Offense (like speeding) for an Under 21 Driver?
When thinking about the consequences of traffic offenses, it is best to think in terms of: (1) Points; and (2) Mandatory License Suspensions (irrespective of points)
The Georgia Driver's Points System for Under 21 Drivers
The Georgia Department of Driver Services has a points schedule for traffic offenses. It designates how many points each violation carries. The points schedule is published in the DDS's Traffic Court Reference Manual. The points that are assessed are the same whether you're under 21 or over 21. See below for an example of the Points Schedule by DDS.
Under OCGA 40-5-57, "The driver's license of any person who has accumulated fifteen (15) or more points, as measured by the offense date, in any consecutive 24-month period shall be suspended."
Below is a page from that manual, showing common points assessments.
So, if you're an under 21 driver (just like if you're an over 21 driver), and you accumulate 15 points or more, your license will be suspended. In other words, the accumulation of 15 points or more within 2 years will suspend your license. So then what's different about under 21 drivers and license suspensions? The answer is: Mandatory License Suspensions for the conviction of certain driving offenses.
Mandatory License Suspensions for Under 21 Drivers
Irrespective of points, under 21 driver's face mandatory suspensions for certain driving offenses. Under OCGA § 40-5-57.1, convictions for the following offenses will automatically suspend the driver's license of an under-21 driver:
- Hit and run or Leaving the scene of an accident, OCGA § 40-6-270
- Racing on highways or streets, OCGA § 40-6-186
- Using a motor vehicle in fleeing or attempting to elude an officer, OCGA § 40-6-395
- Reckless driving, OCGA § 40-6-390
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Any offense for which four (4) or more points are assessable under OCGA § 40-5-57(c), which includes;
- Improper passing on a hill or a curve, OCGA § 40-6-45(a)(1)
- Unlawful passing of a school bus, OCGA § 40-6-163
- Speeding (24-mph or more over the posted limit), OCGA § 40-6-181
- Aggressive driving, OCGA § 40-6-397
- Driving Under the Influence, OCGA § 40-6-391
In other words, for under 21 drivers, even a single conviction for a traffic offense -- if that offense that carries 4 points or more -- will automatically suspend your license! And, worse still, if you are under 21 a plea of nolo contendere will NOT save you. Ordinarily, for over 21 drivers, a nolo plea will avoid getting points. But, if you're under 21 and you are pleading to one of the offense listed above -- the nolo plea will NOT save you from getting points. And, because any of the above offenses will suspend your license, you cannot avoid the suspension by pleading nolo.
Whatever you do, if you are an under 21 driver, it is critical to call us and find out whether you're facing a potential license suspension. Call us now at 770-249-4405.
How Long will the License Suspension last for Under 21 Drivers?
If this is your first license suspension for pleading to a Mandatory Suspendable Offense (listed above), your license suspension lasts for a whopping 6 months!
Can I get a Work Permit during that 6 months?
No! But, there is one exception. Exception: if the license suspension is due to a four (4) point speeding conviction (24-33 mph over the posted speed limit), and the driver is at least 18 years of age, and if the sentencing judge, in his/her discretion, decides it is reasonable to issue a limited permit and signs the form (DDS-665b) for presentment to the DDS. In that instance, you can get a work permit if the Court signs the DDS-665b.
If you have questions about your traffic violation, and the points assessment for that offense, call us now at 770-249-4405
Are the points suspension rules different for under 18 drivers?
Yes. Dramtically different. How many points will suspend an under-18 years of age driver's license? The driver's license of any person under the age of 18 will be suspended upon the accumulation of four (4) points! The absolute worse thing you can do if you are an under 18 driver is pay the ticket online. If you do this, it is counted as a guilty plea and you will be convicted of the crime and assessed points -- likely resulting in a license suspension.
Contact our Local Traffic Ticket Defense Attorney right here in Hall County (Gainesville, Georgia) Today at 770-249-4405
The law around driving offenses can be technical and is also constantly evolving. Especially if you're considering challenging the allegations, it pays to speak with an experienced, local traffic defense lawyer in Hall County who will review your case and explain your options. We're standing by to hear from you.
Call Brett Willis Law at 770-249-4405 to talk with an attorney now.