NOTE: The Clerk’s Office only reports convictions/guilty pleas to DDS. Therefore, it is incumbent upon the accused to clear the ALS with the DDS if the charge against you is dismissed, reduced to a lesser offense, or otherwise resolved in some manner other than by a conviction for DUI.
An Administrative License Suspension is an action taken by the arresting officer in a DUI case. The suspension is based upon a refusal OR upon test results from blood, breath, urine and/or other bodily substances provided by the accused. This has an administrative penalty and is separate from any suspension DDS may impose, if convicted. Once notified by the arresting officer, the Georgia Department of Driver Services will seek to SUSPEND your driver’s license (for those licensed to drive by the State of Georgia) or for non-Georgia licensees your privilege to operate a car anywhere within the State of Georgia FOR A PERIOD OF ONE YEAR.
If you are under an ALS and are acquitted of the underlying charge of (DUI) or if the case is dismissed, reduced to a lesser offense, or otherwise resolved in some manner other than by a conviction for DUI, you should contact the DDS so the DDS can delete this administrative suspension from your driving record. Be sure that you have a certified (with the court’s seal) copy of the disposition of the DUI charge available for submission to the DDS.
Driving while your license or driving privilege is suspended is a crime, and a conviction for driving during this suspension may result in criminal penalties and an additional period of license suspension.
Per the Department of Driver Services: At the time a law enforcement officer takes a person's driver's license for an alcohol concentration in violation of O.C.G.A. §40-6-391 but less than the level for an administrative license suspension under O.C.G.A. §40-5-67.1, the officer shall issue a 180 temporary driving permit. This permit shall be valid until the expiration of 180 days or until the person's driving privilege is suspended or revoked. When the sticker expires and the case has not yet been adjudicated, the customer should go to the closest DDS Customer Service Center (CSC) with the letter or notice from the court/solicitor that the case has not yet been adjudicated and the citation showing the 180 day sticker issued at bottom. The DDS team member will contact the DDS help desk who will issue a temporary permit (like the ALS permit), which will be faxed to the customer while at the CSC, with the original placed in the mail to the customer.
OCGA 40-5-67 requires the license to stay with the court of jurisdiction until adjudication. If acquitted, the license, if still in the court’s possession, will be returned to you unless the license is in suspension for any other offense, in which case the court shall forward the license to the department for disposition. If the license is not in the court’s possession, you need to purchase a new license from the DDS Customer Service Center.
A properly styled and complete Motion for Ignition Interlock Waiver must be filed with the court to include service to the District Attorney’s Office. You may need to consult with an attorney for specific instructions on how to properly file the motion. Once the motion is filed, a hearing will be set and you will receive a notice to appear in court approximately three weeks prior to the court date. At the motion hearing you may be given the opportunity to present evidence to support why the installation of the ignition interlock would cause an undue financial hardship (O.C.G.A. §40-8-111).
No. Payments may be made with cash or certified funds only. That means either cash, money orders, cashier's checks or Mastercard, VISA or Discover credit cards. You may pay in person at the State Court fine payment window on the 5th floor of the Chatham County Courthouse or you may mail a cashier’s check or money order to 133 Montgomery Street, Room 501, Savannah, GA 31401
Yes. You have every right to a jury trial on the merits of your case but not in the TVB. Cases handled in the TVB are considered administrative rather than criminal however all convictions are reported to DDS as required by law. If you would prefer a jury trial, the case will be removed from the TVB docket and set for arraignment which starts the criminal court process.
You may, at a TVB hearing, simply state your preference for a jury trial to the court when your case is called. The case will then be set for arraignment, a new court date will be assigned and the District Attorney will prepare a formal accusation.
No. Except for very unusual circumstances cases are not continued. All persons scheduled for court are obligated to appear on the date and time shown on the subpoena under penalty of law. Arrest warrants are typically issued for any defendant who fails to appear in court as subpoenaed, or post bond for the charge(s) cited.
In TVB cases the required bond is equal to the court's table of fines plus the fees and surcharges required by law for each offence included in the case. The bond amount required for each citation is printed on the subpoena(s). If that bond amount is posted no later than 5:00 pm on the day before the court date, and the defendant chooses not to appear, the bond is forfeited and the case is closed, and marked guilty.
Further, the guilty plea will be reported to all State agencies requiring notification. If points are to be assessed to a person’s license, those agencies will make the necessary assessments.
You, alone or with counsel, may appear to court on the date and time shown on your subpoena and address the court on the merits of the case.
IF the charges are covered under the Court’s TVB Bond Schedule you may choose to post a bond equal to the total of all bonds set for each citation included in your case. Having posted the required bond, you may choose not to appear and forfeit the bond. This will dispose of the case. (NOTE: This only applies to specific traffic offenses handled by the Traffic Violations Bureau. If you fail to appear on other types of offenses, your bond may be forfeited and a warrant may be issued for your arrest.)
You may ask for a jury trial on the merits of your case. Note, however, in TVB charges, requesting a jury trial will change the nature of the case from administrative to criminal.
O.C.G.A. §35-3-37 provides for the restriction of certain criminal history records for non-criminal justice purposes when approved by the prosecuting attorney. For arrests after July 1, 2013, there is no application process. You must contact the prosecutor to have your record restricted.
For arrests prior to July 1, 2013, you are required to apply for restriction at the arresting agency. The application can be found on Georgia Bureau of Investigations website. Follow the instructions on page one to apply for your record restriction.
If you have additional questions regarding the Time Expired Restrictions, please contact the GCIC CCH/Identification Services Helpdesk at firstname.lastname@example.org.
The Clerk’s Office is prohibited by law from giving legal advice and cannot recommend a specific attorney. At its website, the State Bar of Georgia offers “suggestions to aid and assist individuals and businesses in choosing a lawyer.”
Georgia's 'Super Speeder Law' defines a Super Speeder as a driver convicted of speeding at 75 mph or more on a two-lane road or at 85 mph and above on any road or highway in the State of Georgia.
In addition to the fines and fees paid to the jurisdiction where the speeding offense took place, a $200 Super Speeder state fee is to be paid by the convicted driver. Failure to pay the Super Speeder fee within 120 days of official notice will result in the suspension of the offender’s license or driving privileges. Payment of a $50 reinstatement fee in addition to the $200 Super Speeder fee will then be required to reinstate their license or driving privileges.
Contact the Court Reporters Office using the Transcript Request form.