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License Suspension for those under 21

The State of Georgia (like most states) wants as many people off the roads as possible to help mask the inadequacy of the roads they build. That's why they make it harder and harder for young people to obtain their driver's license and they also make it FAR easier to take it away from people under 21.

If you're under 21, the threshold for a suspension of your license is much lower. To make matters worse, roving highwaymen (aka cops) view you as low-hanging fruit and often target teenagers (especially after dark). The following is a list of offenses that will AUTOMATICALLY suspend your license upon conviction:

O.C.G.A. §40-5-57.1The offenses covered in this section have a different effect when committed by those defendants who are under 21 years of age at the time of conviction. These offenses are:

  • Hit and run or Leaving the scene of an accident, O.C.G.A. §40-6-270
  • Racing on highways or streets, O.C.G.A. §40-6-186 „
  • Using a motor vehicle in fleeing or attempting to elude an officer, O.C.G.A. §40-6-395
  • Reckless driving, O.C.G.A. §40-6-390
Any offense for which four or more points are assessable under O.C.G.A. §40-5-57(c), which includes:
  • Improper passing on a hill or a curve, O.C.G.A. §40-6-45(a)(1)
  • Unlawful passing of a school bus, O.C.G.A. §40-6-163
  • Exceeding the speed limit by 24 mph or more, O.C.G.A. §40-6-181
  • Aggressive driving, O.C.G.A. §40-6-397
  • Purchasing an alcoholic beverage, O.C.G.A. §3-3-23 (a) (2)
  • Misrepresenting age for purpose of illegally obtaining any alcoholic beverage, O.C.G.A. §3-3-23 (a) (3)
  • Misrepresenting identity or using false identification for purpose of purchasing or obtaining any alcoholic beverage, O.C.G.A. §3-3-23 (a) (5)
  • Driving Under the Influence, O.C.G.A. §40-6-391
  • Accumulation of 4 or more points in any 12 month period by a person under the age of 18
  • Possession of alcoholic beverages while operating a motor vehicle, O.C.G.A. § 3-3-23(a)(2)

Note: Pursuant to O.C.G.A. 40-5-57.1(d), a suspension shall be imposed based on the person’s age on the date of the conviction giving rise to the suspension.

The last part is the one consolation from all of this. If you actually enter a plea AFTER your birthday (to 18 or 21, depending on the offense) it will not result in the relevant suspension.

Should you need more information, visit my website at www.carnellfirm.com. If you have questions, email me at jason@carnellfirm.com or you can call at 770-729-4809.

- Jason Carnell

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