Georgia Habitual Violator

Being labeled an Habitual Violator in Georgia means you'll be without your license for an awfully long time. Unless you live in the city, and have easy access to MARTA, this is something you REALLY want to avoid. The following is how you end up being labeled an HV:

Two previous convictions of those offenses listed below and a conviction of the current charge of one of these violations before the court within a five year period will result in the defendant being an Habitual Violator (O.C.G.A. §40-5-58).  For example, 3 DUI convictions within a 5 year period could trigger a Habitual Violator suspension.
Convictions and/or nolo contendere pleas arising from a single incident or separate incidents to any three of the following violations within a 5-year period, as measured from date of arrest to date of arrest for which convictions were obtained, will cause the violator to be declared an Habitual Violator in accordance with O.C.G.A. §40-5-58:

 

• Any felony forgery conviction if related to an identification document (§40-5-54)


• Driving Under the Influence, Child Endangerment while DUI as defined by O.C.G.A. §40-6-391; §40-6-391(l)


• Feticide by Vehicle (1st Degree) as defined by O.C.G.A. §40-6-393.1 (a) (1)


• Serious Injury by Vehicle as defined by O.C.G.A. §40-6-394


• Homicide by Vehicle (1st Degree) as defined by O.C.G.A. §40-6-393 (a) or (b)


• Homicide by Vehicle (2nd Degree) as defined by O.C.G.A. §40-6-393 (c)


• Any felony in the commission of which a motor vehicle is used


• Hit & Run – Leaving the scene of an accident as defined by O.C.G.A. §40-6-270


• Racing on Highways or Streets as defined by O.C.G.A. §40-6-186


• Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer as defined by O.C.G.A. §40-6-395


• Unlawful or Fraudulent Use of or Application for a License or ID Card as defined by O.C.G.A. §40-5-120, O.C.G.A. §40-5-125


• Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration as defined by O.C.G.A. §40-6-15

What most people miss is the fact that you can end up being an "habitual violator" for 3 convictions arising from a single incident. For example, if you happen to be arrested for DUI while you have 2 children in the car. The officer will undoubtedly charge you with DUI plus 2 counts of Child Endangerment. A conviction on all 3 charges will total 3 convictions within a 5 year period.

Should you need to consult with an attorney about your habitual violator status, you can email me at jason@carnellfirm.com or call me at 770-729-4809.

- Jason Carnell