10 Day Rule

 

By the time you read this information, the officer has already submitted your suspension paperwork to the Georgia Department of Driver Services (DDS).  This is called a DDS 1205 form.  You only have ten days to appeal the suspension and to preserve your privilege to drive. 

This suspension is known as the Administrative License Suspension (ALS).  Georgia law allows the police to suspend your driver’s license before you even go to court on your criminal case.  However, the United States Supreme Court ruled that Georgia cannot take your license without first giving you a hearing where an administrative law judge would determine whether the DDS could lawfully suspend your driver’s license. 

At this hearing, the Ryczek Firm lawyers will challenge:

  1. Whether the officer had reasonable grounds to believe you were driving under the influence;
  2. Whether the officer lawfully placed you under arrest;
  3. Whether you were involved in an accident resulting in serious injury or fatality;
  4. Whether at the time of the request for the (breath, blood, or urine) test the officer properly informed you of your rights under the Georgia Implied Consent Notice;
  5. Whether you refused the state requested chemical test;
  6. Whether your alcohol concentration exceeded the legal limit for your age and classification;
  7. Whether the test was properly administered by a person possessing the necessary permits, on an approved machine, and whether the machine had all its electronic and operating components prescribed by CMI Inc., properly attached and in good working order. 

**If the officer fails to meet his burden on any one of these elements, your privilege to drive will not be affected.