40-5-70
Code Resources
Georgia Resources
Georgia Website
Georgia Governor
Georgia Legislature
Georgia Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
40-5-70.
(a)
In addition to any other punishment, the driver´s license of a person
convicted under subsection (a), (b), or (c) of Code Section 40-6-10 shall be
suspended for a period of 60 days. The person shall submit the driver´s
license to the court upon conviction and the court shall forward the
driver´s license to the department. After the 60 day suspension period and
when the person provides proof of having prepaid a six-month minimum insurance
policy and pays a restoration fee of $60.00 or $50.00 when processed by mail to
the department, the suspension shall terminate and the department shall return
the person´s driver´s license to such person. For a second or
subsequent offense within a five-year period, the suspension period will be
increased to 90 days and, in addition to the driver´s license, such
person´s license tag and tag registration shall also be suspended for a
period of 90 days. The procedures for submission of drivers´ licenses to
the court and the forwarding of such licenses to the department shall also apply
to license tags and tag registrations.
(b)
A hearing of contempt of court shall be scheduled for any person refusing to
deliver his motor vehicle driver´s license and, where applicable, motor
vehicle license tag and tag registration to the court after a conviction under
subsection (a), (b), or (c) of Code Section 40-6-10 and a warrant shall issue
for the arrest of such person.
(c)
For the purposes of mandatory suspension of a driver´s license for a first
violation of subsection (a), (b), or (c) of Code Section 40-6-10, a forfeiture
of bail or collateral used to seek a defendant´s appearance in court, the
payment of a fine, a plea of guilty, or a finding of guilty shall be considered
a conviction regardless of whether the sentence is suspended, probated, rebated,
or revoked. A plea of nolo contendere shall not be considered a conviction under
this subsection, but a record of the disposition of the case shall be forwarded
by the court to the department for the purposes of counting the plea of nolo
contendere as a conviction under subsection (d) of this Code section.
(d)
For the purposes of mandatory suspension of a driver´s license, license
tag, and tag registration for a second or subsequent violation within a
five-year period, as measured from the dates of previous arrests for which
convictions were obtained to the date of the current arrest for which a
conviction was obtained, of subsection (a), (b), or (c) of Code Section 40-6-10,
a forfeiture of bail or collateral used to seek a defendant´s appearance in
court, the payment of a fine, a plea of guilty, a plea of nolo contendere, a
plea of nolo contendere to a previous violation of subsection (a), (b), or (c)
of Code Section 40-6-10, or a finding of guilty shall be considered a conviction
regardless of whether the sentence is suspended, probated, rebated, or revoked.