Suspension of License or Driving Privilege for Failure to Respond to Citation; Reinstatement of License

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Drivers' Licenses
  5. Cancellation, Suspension, and Revocation of Licenses
  6. Suspension of License or Driving Privilege for Failure to Respond to Citation; Reinstatement of License

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  1. Notwithstanding any other provisions of this chapter or any other law to the contrary, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction in this state or in any other state for a traffic violation other than a parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation shall result in the suspension of the violator's driver's license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear; provided, however, that the department shall send notice of any suspension imposed pursuant to this Code section via certified mail or certificate of mailing to the address reflected on its records as the person's mailing address. For purposes of this subsection, the term "certificate of mailing" means a delivery method utilized by the United States Postal Service which provides evidence that an item has been sent and the date such item was accepted.
  2. The suspension provided for in this Code section shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $100.00 or $90.00 when such reinstatement is processed by mail to the department. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter.

(Code 1933, § 68B-316, enacted by Ga. L. 1978, p. 1452, § 1; Ga. L. 1979, p. 1049, § 2; Ga. L. 1983, p. 1000, § 4; Ga. L. 1984, p. 22, § 40; Ga. L. 1986, p. 184, § 1; Ga. L. 1988, p. 897, § 2; Ga. L. 1990, p. 2048, § 4; Ga. L. 1994, p. 97, § 40; Ga. L. 2000, p. 951, § 5-18; Ga. L. 2000, p. 1589, § 4; Ga. L. 2006, p. 449, § 6/HB 1253; Ga. L. 2008, p. 171, § 5/HB 1111; Ga. L. 2009, p. 679, § 3/HB 160; Ga. L. 2010, p. 932, § 12/HB 396; Ga. L. 2020, p. 199, § 1-3/HB 463.)

The 2020 amendment, effective June 30, 2020, in subsection (a), substituted "; provided, however, that" for ". Notwithstanding the foregoing," in the present third sentence, deleted ". Such notice shall be sent" following "Code section." and inserted "or certificate of mailing", and substituted the present last sentence for the former last sentence, which read: "Proof of receipt of said notice shall be admissible to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear."

RESEARCH REFERENCES

C.J.S.

- 60 C.J.S., Motor Vehicles, § 418.

ALR.

- Statute providing for judicial review of administrative order revoking or suspending automobile driver's license as providing for trial de novo, 97 A.L.R.2d 1379.


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