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.
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.
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.