Paulding County Criminal Defense lawyer
Contact a Paulding County Criminal defense lawyer today if you face a charge that may suspend your driver's license.
OCGA 40-6-391(a)(2) :
a) a person shall not drive or be in actual physical control of any moving vehicle while:
(2) under the influence of any drug to the extent that it is less safe for the person to drive.
Prior to the Supreme Court's ruling in Love 271 Ga. 398 v. State, (1999) this code section was not cited very often. Stature requires proof that the quantity or amount of the prescribed for contraband or over-the-counter drug in the person system caused impairment or rendered the accused to be a less safe driver. See Webb v. State, 223 Ga. App. 9, 476 S.E.2d 781 (1996). But see Walker v. State 239 Ga. App. 831 521 S.E.2d 861 (1999). Any drug conviction will be packed on the end of any other license suspension.
Georgia Code Ann. 40-5-75 talks about people convicted of possession of controlled substance or marijuana and the resulting suspension of the license.
The controlled substances act includes but is not limited to possession distribution manufactured cultivation sale or transfer of trafficking in the attempt or conspiracy to possess and distribute manufacture a controlled substance or marijuana. Upon the 1st conviction of any such offense no arrest and conviction and of no plea of nolo contendere accepted to such offense within the previous 5 years, as measured from the dates of previous arrests for which convictions were obtained to the date the current arrest for which conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days the person may apply to the department for reinstatement of his or her drivers li such license shall be reinstated only if the person submits proof of completion of a DUI alcohol or drug use writs reduction program and paid to the department a restoration fee of $210 or $200 when such reinstatement is processed by mail. The fine and suspension of time goes up with more conviction.
Most reported cases involving prescribed medication arise as a result of impairment by both alcohol and drugs.
OCGA 40-5-75 pertaining to loss of driving privileges for certain drug-related convictions the stakes have been raised to more aggressively fight cases with multiple criminal counts that may carry mandatory consecutive drivers license suspensions. Contact a Paulding County criminal defense lawyer today to discuss your case and the implications a conviction may have on your driver's license.