40-5-57.1
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40-5-57.1.
(a)
Notwithstanding any other provision of this chapter, the
driveŕs
license of any person under 21 years of age convicted of hit and run or leaving
the scene of an accident in violation of Code Section 40-6-270, racing on
highways or streets, using a motor vehicle in fleeing or attempting to elude an
officer, reckless driving, any offense for which four or more points are
assessable under subsection (c) of Code Section 40-5-57, purchasing an alcoholic
beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23,
or violation of paragraph (3) or (5) of subsection (a) of Code Section 3-3-23,
or violation of Code Section 40-6-391 shall be suspended by the department as
provided by this Code section; and the
driveŕs
license of any person under 18 years of age who has accumulated a violation
point count of four or more points under Code Section 40-5-57 in any consecutive
12 month period shall be suspended by the department as provided by this Code
section. A plea of nolo contendere shall be considered a conviction for purposes
of this subsection. Notice of suspension shall be given by certified mail or
statutory overnight delivery, return receipt requested; or, in lieu thereof,
notice may be given by personal service upon such person. Such license shall be
surrendered within ten days of notification of such suspension. Notice given by
certified mail or statutory overnight delivery, return receipt requested, mailed
to the
persońs
last known address shall be prima-facie evidence that such person received the
required notice.
(b)
A person whose
driveŕs
license has been suspended under subsection (a) of this Code section shall:
(1)
Subject to the requirements of subsection (c) of this Code section and except as
otherwise provided by paragraph (2) of this subsection:
(A)
Upon a first such suspension, be eligible to apply for license reinstatement
and, subject to payment of required fees, have his or her
driveŕs
license reinstated after six months; and
(B)
Upon a second or subsequent such suspension, be eligible to apply for license
reinstatement and, subject to payment of required fees, have his or her
driveŕs
license reinstated after 12 months; or
(2)(A)
If the
driveŕs
license was suspended upon conviction for violation of Code Section 40-6-391, be
subject to the provisions of Code Section 40-5-63.
(B)
If such driver was convicted of driving under the influence of alcohol or of
having an unlawful alcohol concentration and is otherwise subject to the
provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then such
person shall not be eligible for a limited driving permit under Code Section
40-5-64, and:
(i)
If the
driveŕs
alcohol concentration at the time of the offense was less than 0.08 grams, he or
she shall not be eligible for license reinstatement until the end of six months;
or
(ii)
If the
driveŕs
alcohol concentration at the time of the offense was 0.08 grams or more, he or
she shall not be eligible for license reinstatement until the end of 12 months.
(b.1)
In any case where a
persońs
driveŕs
license was administratively suspended as a result of the offense for which the
persońs
driveŕs
license has been suspended pursuant to this Code section, the administrative
license suspension period and the license suspension period provided by this
Code section may run concurrently, and any completed portion of such
administrative license suspension period shall apply toward completion of the
license suspension period provided by this Code section.
(c)
Any
driveŕs
license suspended under subsection (a) of this Code section for commission of
any offense other than violation of Code Section 40-6-391 shall not become valid
and shall remain suspended until such person submits proof of completion of a
defensive driving program approved by the department and pays a fee equivalent
to that required for restoration of a suspended
driveŕs
license under paragraph (1) of subsection (a) of Code Section 40-5-63; provided,
however, that such fee shall not be required under this subsection if such
persońs
driveŕs
license was administratively suspended as a result of the offense for which the
persońs
driveŕs
license has been suspended pursuant to this Code section and the restoration fee
was paid for such administratively suspended
driveŕs
license.
(d)
A suspension provided for in this Code section shall be imposed based on the
persońs
age on the date of the conviction giving rise to the suspension.