If your license has been suspended due to an arrest or a refusal, you have a few different options that are outlined in the 1205 form. One very important thing to note is that the 1205 form, and the possible subsequent process of losing or reinstating your license, is that it is a civil, administrative process that is separate from your criminal case. The 1205 form you receive is a notice of what exactly is happening when the officer takes your license. “The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 45-day temporary driving permit.” In Georgia, the police can designate the blood test as the only option to comply with the implied consent laws and the refusal can be used as evidence against you at trial.
However, the 1205 hearing is an opportunity for your attorney to speak with the arresting officer and can be vital to your defense. If you do not have a Georgia license, you will only be restricted from driving within the state of Georgia. If you are charged with a violation of implied consent and given a 1205 form, it is imperative that you call a Georgia DUI attorney immediately to file an appeal. When either of these situations occur, Georgia law mandates that the arresting officer seize your driver’s license, and issue you a 45-day temporary driving permit: In Georgia, receiving a 1205 form from your arresting officer means that you either refused to take the required alcohol test, or your test indicated that you were above the legal limit. The difference in “implied consent” laws between different states comes with the penalty for refusing to take the test, that you’ve already impliedly consented to take. Georgia's implied consent law also applies to drivers who were involved in traffic accidents that lead to injuries or fatalities.
Georgia, like every state, has an “implied consent” law dictating that any driver within Georgia has implicitly provided consent to testing for alcohol in the blood and/or breath if that person was arrested for a charge like DUI.
0 kommentar(er)
