If you have been arrested for DUI, you may have been served with a Notice to Suspend.
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An Administrative License Suspension (ALS) Hearings begin with a notice from the arresting officer to the driver of the intent to suspend their driver’s license. A hearing is then scheduled to determine if the license should actually be suspended.
At an Administrative License Hearing, the judge will first call the calendar. Just like in school, this is basically a role call to ensure everyone is present. If the arresting officer is not present, the suspension hearing is generally dismissed and the license will not be suspended. If the defendant is not present, the license will likely be dismissed without a hearing due to the absence.
After Calendar Call, the defendant, or his attorney, will negotiate with the law enforcement officer. The two sides will discuss aspects of the arrest and a Georgia DUI Lawyer can point out holes in the methods and procedures used in the stop or arrest that may convince the arresting officer to consent to a reduction. The law enforcement officer will be looking for the defendant to agree to plead guilty on the actual charges in court at a later date. If the two sides cannot come to an agreement, they will go before the judge who will decide the merits. Generally, if it goes to a hearing, the law enforcement side almost always prevails as the threshold to suspend is fairly low.
If you are facing a charge that could result in a license suspension in North Georgia or Hall County, you should consider consulting a lawyer that is knowledgeable in the field. This helps to provide that best possible defenses and make the more well informed decisions regarding your rights and options when considering how best to maintain your driver’s license and avoid suspension.
At A. Bishop Law, our Georgia Criminal Defense Attorney welcomes questions on Criminal Defense laws, Traffic Laws and Georgia DUI laws. Please Call or Email us with any questions.
About the attorney: Anne Bishop is a Georgia lawyer with A. Bishop Law in Gainesville, Georgia and handles various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters. The law office of A. Bishop Law can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), Jackson County (Jefferson, Braselton) White County (Helen, Cleveland), Lumpkin County (Dahlonega), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.
This article and/or video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.