Does a nolo contendere plea protect your license after a hit and run charge in Georgia?

No. Unlike certain other traffic offenses in Georgia where a nolo contendere plea can be used to shield a driver's license from DDS consequences, a nolo plea to a hit and run charge does not work that way. The Department of Driver Services treats a nolo plea to hit and run identically to a guilty plea for license suspension purposes. The 120-day suspension is imposed regardless of how the plea is entered. Drivers should not enter a nolo plea under the mistaken belief that it will preserve their driving privileges, and should consult with a criminal defense attorney before making any plea decision.

What is the difference between a misdemeanor and felony hit and run in Georgia?

The distinction turns on whether the collision caused death or serious bodily injury. A hit and run involving only property damage is a misdemeanor under O.C.G.A. § 40-6-270, with a maximum sentence of 12 months on probation or in custody. A hit and run involving the death or serious bodily injury of another person is elevated to a felony, carrying a maximum of five years in state prison. The felony classification also brings long-term collateral consequences including a permanent felony record, loss of civil rights, and negative effects on employment, housing, and professional licensing — consequences that extend well beyond the sentence itself.

What are the consequences of a hit and run conviction for CDL holders in Georgia?

CDL holders face consequences that go beyond those imposed on standard license holders. In addition to the 120-day state license suspension that applies to all hit and run convictions, a CDL holder is also subject to federal CDL disqualification consequences that are separate from and in addition to the state suspension. These federal consequences can jeopardize a commercial driver's livelihood directly. For CDL drivers, the stakes of a hit and run charge are significantly higher than for non-commercial drivers, making experienced criminal defense representation critically important from the earliest stages of the case.

How can Brett Willis Law LLC help with a hit and run charge in Georgia?

Brett Willis Law LLC defends clients facing hit and run charges throughout Gainesville, Hall County, and North Georgia. Award-winning attorney Brett Willis — named to The Fulton County Daily Report's 10 Lawyers You Need to Know, recognized as a Harvard Law School Trial Advocacy Program Instructor, and rated by Super Lawyers — brings serious trial experience to every hit and run case. The firm evaluates every element of the charge, every available defense, and every avenue for achieving the best possible outcome, whether through dismissal, reduction to a lesser charge, or preparation for trial. Given the license, criminal record, and collateral consequences at stake, having an aggressive and experienced defense attorney is essential. Contact Brett Willis Law LLC for a free consultation.

What Are the Penalties for a Hit and Run Conviction in Georgia?

The penalties for a hit and run conviction in Georgia come from two sources — the criminal court and the Department of Driver Services — and the severity of the court’s sentence depends on whether the collision involved death or serious bodily injury. Understanding both tracks is essential to appreciating what a conviction actually costs.

Department of Driver Services: License Consequences

A hit and run conviction results in a 120-day license suspension imposed by the Department of Driver Services. One important procedural note: a driver who attempts to resolve a hit and run charge by entering a nolo contendere (no contest) plea in an effort to protect their license will find that this strategy does not work. Unlike certain other traffic offenses in Georgia where a nolo plea can be used to avoid license consequences, DDS treats a nolo plea to a hit and run conviction the same as a guilty plea for license suspension purposes. The 120-day suspension is imposed regardless.

During the 120-day suspension period, the driver is eligible to obtain a limited driving permit upon payment of a $25 fee, allowing restricted driving for essential purposes while the suspension is in effect.

Criminal Court: Misdemeanor Hit and Run

When a hit and run involves only property damage — with no serious injury or death — the offense is classified as a misdemeanor under O.C.G.A. § 40-6-270. A misdemeanor hit and run conviction carries a maximum sentence of 12 months, served either on probation or in custody. The court has broad discretion within that range and may impose any combination of active jail time and probation up to the 12-month maximum.

Even a misdemeanor conviction creates a permanent criminal record and carries the DDS license suspension described above. For CDL holders, a hit and run conviction also triggers federal CDL disqualification consequences separate from and in addition to the state license suspension.

Criminal Court: Felony Hit and Run

When a hit and run involves the death of another person or serious bodily injury, the offense is elevated to a felony under Georgia law. A felony hit and run conviction carries a maximum sentence of five years in state prison. This is a serious felony driving offense with all of the long-term consequences that accompany a felony conviction, including a permanent felony record, loss of civil rights, and the collateral consequences that affect employment, housing, and professional licensing.

In cases involving serious injury or death, the sentencing exposure and the collateral consequences make aggressive defense representation not merely advisable but essential. An experienced criminal defense attorney will evaluate every element of the charge, every available defense, and every avenue for achieving the best possible outcome — whether through dismissal, a negotiated reduction to a lesser charge, or preparation for trial.

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

Karen L.

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!