Georgia drivers under the age of 21 can
have their driver’s license suspended
easily.
Drivers under the age of 18 will have
their license suspended if they accumulate four
or more points in any 12-month period. Since
most moving violations in Georgia are three
points it is easy for a young driver to accumulate
four points in a year.
Drivers 18 to 20 must accumulate 15 or more
points in any 24-month period before their license
will be suspended. However, if they accumulate
four or more points from a single offense
their license will be suspended. Most young drivers
incur four or more points in a single offense
due to a speeding ticket. Driving 24 or more
miles per hour over the posted speed limit is at
least a four-point violation. Other offenses with a
total of four or more points such as reckless driving,
aggressive driving or the unlawful passing of
a school bus will also suspend the license.
Many attorneys may advise their young clients
to enter a nolo, no contest, plea to the charge
because doing so keeps points off the driving
record. This is only true for drivers age 21 and
older. Unfortunately for young drivers, pleading
nolo will not keep the points off their driving
record. Most judges will not accept a nolo plea
from a driver under the age of 21. Even if the
judge accepts the nolo plea the Georgia Department
of Driver Services will convert the nolo plea
to a guilty plea, and assess points, once the plea is
reported to them.
The easiest way to stop the suspension is to
have the prosecutor reduce the driver’s charges
or speed. For example, if a 20 year old is given
a ticket for driving 80 in a 55 mph zone he will
lose his license, if convicted. However, if the
prosecutor reduces his speed to 78 in a 55 this
then becomes a three-point violation, and the
driver’s license is safe.
Unfortunately, it’s not always as simple as asking
the prosecutor for a reduction. A bad driving
record, high speed or bad set of facts may keep
the prosecutor from reducing the charge. When
this happens there are other options to save the
driver’s license.
Getting the judge to issue a Zero Point Order
will also stop the suspension. The driver must
attend defensive driving school, and petition the
court for the order. Once granted no points will
go on the driver’s record, and the driver is entitled
to a 20 percent reduction in fine. This will
stop the pending suspension for drivers under
the age of 21 as long as they are not charged with
reckless driving.
Many courts have special programs for drivers
under the age of 21. These courts take a special
interest in young drivers, and try to educate them
about the dangers of driving. After successfully
completing the program the court will either reduce
the driver’s charges or dismiss the ticket so
the license will not be suspended.
Another tactic to save the license is delay. The
license suspension for an under 21-year-old driver
is based on the driver’s age at the time of conviction,
and not their age when the citation was
written. Therefore, if the case can be delayed until
the driver turns 21 the citation will no longer suspend
the driver’s license.
If all else fails take the case to trial. It’s not impossible
to beat a traffic ticket. A traffic ticket
trial can be complex when fought by an experienced
attorney.
If these tactics don’t work the driver’s license
will be suspended for a minimum period of six
months. This is a hard suspension meaning there
is no limited permit for work, school or any activity.
However, there is hope for some drivers.
The judge may grant a temporary license to a
young driver who has had their license suspended
for speeding if the driver is 18, or older, at the
time he petitions the court for the permit, and his
speed was not more than 33 mph over the posted
speed limit. Aside from this exception there are
no other limited permits available.
The driver may reinstate his license after waiting
the required suspension period, completing
defensive driving school, and paying the reinstatement
fee. For a first suspension the license is
suspended for six months, and the reinstatement
fee is $210 if paid in person or $200 by mail. For
a second suspension the license is suspended for
12 months, and the reinstatement fee is $310 if paid in person or $300 by mail.
Stopping the Under 21 Year Old License Suspension
by James Lawrence Yeargan on Aug. 21, 2015
Summary
Atlanta DUI Lawyer Jim Yeargan explains how to stop the driver's license suspension for Georgia driver's under the age of 21.