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Child Support Suspended In Georgia License Suspended DependingBasically in a nutshell some of the officers I work with that I trust to give out solid information have told me that arrests can be made for driving while license suspended depending on why it was suspended. From what I understand between my own reading and their information is offenses such as: child support, conviction of driving without insurance, gasoline drive off, under 21 offenses, points totals, school offenses, and maybe a few more require a serve date. From the way I understand it is offenses like DUI, FTA, Controlled Substance violations, etc. Child Support Suspended In Georgia Code Sections IWhat exactly is meant by operation of law The code sections I found relevant were 40-5-121 (obviously), 40-5-57, and 40-5-75. Basically Im just trying to get down to where the code section defines what needs a serve date and what doesnt (if any, because some people still argue EVERYTHING needs a serve date to make the arrest). If the code section doesnt specify, then how are officers deciding what violations do and do not need serve dates HELP. I like Arizona, its one statute and thats driving with a suspended license. Driving while suspended, cancelled, revoked, or denied are handled in one statute. Do some checking there, and you should be able to come up with a workable answer. It is actually a good question because the standards of making a good case for driving with a suspended license in Georgia with regards to service have changed significantly over the past decade or so. Conflicting court rulings, and the legislative responses to these rulings in various parts of the Georgia code, have been confusing to all of us in Georgia about the current notice requirements for a valid suspended license case. Currently the following suspensions require prior service of a suspension (notice): 1) ALS or implied consent 2) Failure to Appear (prior to January 1, 2010 after that date the language on the citation serves as adequate notice under the OCGA) 3) Child support 4) School suspensions 5) Safety Responsibility 6) Insurance Cancellation (no new ones of these were imposed after October 2002) Suspensions by operation of law means that the suspect already has notice of the suspension because of his conviction for the underlying offense. Source DPS Legal Review December 2010 and January 2011. Formerly known as Trooper Legal Update). You can read issues of this newsletter at the GACP website (gachiefs.com).
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