Title 40, Chapter 5, Section 58
( 40-5-58)
(a) As used in this Code section, "habitual violator" means any
person who has been arrested and convicted within the United States
three or more times within a five-year period of time, as measured
from the dates of previous arrests for which convictions were
obtained to the date of the most recent arrest for which a
conviction was obtained, of: (1) Committing any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-391 through 40-6-395; or (2) Singularly or in combination, any of the offenses described in
paragraph (1) of this subsection. (b) When the records of the department disclose that any person has
been arrested and convicted of a violation of Chapter 6 of this
title, or of a valid local ordinance adopted pursuant thereto, of an
offense occurring on or after January 1, 1976, which record of
arrest and conviction, when taken with and added to previous arrests
and convictions of such person as contained in the files of the
department, reveals that such person is a habitual violator as
defined in subsection (a) of this Code section, the department shall
forthwith notify such person that upon the date of notification such
person has been declared by the department to be a habitual
violator, and that henceforth it shall be unlawful for such habitual
violator to operate a motor vehicle in this state unless otherwise
provided in this Code section. Notice shall be given by certified
mail or statutory overnight delivery, with return receipt requested;
or, in lieu thereof, notice may be given by personal service upon
such person. In the event that at the time of determination the
habitual violator had been issued a driver's license, such license
shall be revoked by such notice and shall be surrendered to the
department within ten days of notification of such determination.
For the purposes of this chapter, notice given by certified mail or
statutory overnight delivery with return receipt requested mailed to
the person's last known address shall be prima-facie evidence that
such person received the required notice. In addition to the
procedure set forth in this subsection, the sentencing judge or
prosecutor in a conviction which conviction classifies the defendant
as a habitual violator may, at the time of sentencing, declare such
defendant to be a habitual violator. The judge or prosecutor shall,
when declaring a defendant to be a habitual violator, then give
personal notice to such defendant on forms provided by the
department that henceforth it shall be unlawful for such habitual
violator to operate a motor vehicle in this state unless otherwise
provided in this Code section. The judge or prosecutor, as the case
may be, shall within three days forward to the department the order
declaring that the defendant is a habitual violator, the notice of
service, with the defendant's driver's license or a sworn affidavit
of the defendant declaring that the driver's license has been lost,
and the department's copy of the uniform citation or the official
notice of conviction attached thereto. (c)(1) Except as provided in paragraph (2) of this subsection or
in subsection (e) of this Code section, it shall be unlawful for
any person to operate any motor vehicle in this state after such
person has received notice that his or her driver's license has
been revoked as provided in subsection (b) of this Code section,
if such person has not thereafter obtained a valid driver's
license. Any person declared to be a habitual violator and whose
driver's license has been revoked under this Code section and who
is thereafter convicted of operating a motor vehicle before the
department has issued such person a driver's license or before the
expiration of five years from such revocation, whichever occurs
first, shall be punished by a fine of not less than $750.00 or by
imprisonment in the penitentiary for not less than one nor more
than five years, or both. Any person declared to be a habitual
violator and whose driver's license has been revoked and who is
convicted of operating a motor vehicle after the expiration of
five years from such revocation but before the department has
issued such person a driver's license shall be guilty of a
misdemeanor. (2) Any person declared to be a habitual violator as a result of three or more convictions of violations of Code Section 40-6-391 within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, and who is thereafter convicted of operating a motor vehicle during such period of revocation, prior to the issuance of a probationary license under subsection (e) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. (d) Notwithstanding any contrary provisions of Code Section 17-7-95, for the purposes of this Code section, any plea of nolo contendere entered and accepted after January 1, 1976, shall be considered a conviction. (e)(1) Notwithstanding any contrary provisions of this Code section or any other Code section of this chapter, any person who has been declared a habitual violator and who has had his driver's license revoked under subsection (b) of this Code section for a period of five years and two years have expired since the date on which such person's license was surrendered or an affidavit was accepted as provided in subsection (e) of Code Section 40-5-61, such person may be issued a probationary driver's license for a period of time not to exceed three years upon compliance with the following conditions: (A) Such person has not been convicted, or pleaded nolo
contendere to a charge, of violating any provision of this
chapter or any local ordinance relating to the movement of
vehicles for a period of two years immediately preceding the
application for a probationary driver's license; (B) Such person has not been convicted, or pleaded nolo
contendere to a charge, of a violation of any provision of this
chapter which resulted in the death or injury of any individual; (C) Such person has successfully completed, prior to the
issuance of the probationary driver's license, a defensive
driving course or a DUI Alcohol or Drug Use Risk Reduction
Program as designated by the department; (D) Such person has not been convicted, or pleaded nolo
contendere to a charge, of violating any provision of Title 3,
relating to alcoholic beverages, or of violating any provision
of Chapter 13 of Title 16, relating to controlled substances; (E) Such person shall submit a sworn affidavit that such person
does not excessively use alcoholic beverages and does not
illegally use controlled substances or marijuana. It shall be a
misdemeanor to falsely swear on such affidavit and, upon
conviction, the probationary license shall be revoked. No
probationary license shall be issued during the remainder of the
revocation period, and no driver's license shall be issued for
the remainder of the original revocation period or for a period
of two years from the date of conviction under this
subparagraph; (F) Such person submits proof of financial responsibility as
provided in Chapter 9 of this title; and (G) Refusal to issue a probationary driver's license would cause
extreme hardship to the applicant. For the purposes of this
subsection, the term "extreme hardship" means that the applicant
cannot reasonably obtain other transportation, and, therefore,
the applicant would be prohibited from: (i) Going to his place of employment or performing the normal
duties of his occupation; (ii) Receiving scheduled medical care or obtaining
prescription drugs; (iii) Attending a college or school at which he is regularly
enrolled as a student; (iv) Attending regularly scheduled sessions or meetings of
support organizations for persons who have addiction or abuse
problems related to alcohol or other drugs, which
organizations are recognized by the commissioner; or (v) Attending under court order any driver education or
improvement school or alcohol or drug treatment program or
course approved by the court which entered the judgment of
conviction resulting in revocation of his driver's license or
by the commissioner. (2) Application for a probationary driver's license shall be made
upon such forms as the commissioner may prescribe. Such forms
shall require such information as is necessary for the department
to determine the need for such license. All applications shall be
signed by the applicant before a person authorized to administer
oaths. (3) Upon compliance with the above conditions and the payment of a fee of $210.00 or $200.00 when processed by mail, such person may be issued a probationary driver's license by the department. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed probationary driver's license issued to him or her. (4) A probationary driver's license shall be endorsed with such
conditions as the commissioner deems necessary to ensure that such
license will be used by the licensee only to avoid the conditions
of extreme hardship. Such conditions may include the following
restrictions: (A) Specific places between which the licensee may be allowed to
operate a motor vehicle; (B) Routes to be followed by the licensee; (C) Times of travel; (D) The specific vehicles which the licensee may operate; and (E) Such other restrictions as the department may require. (5) A probationary driver's license issued pursuant to this Code
section shall become invalid upon the expiration of the period of
the suspension or revocation of the driver's license of such
person. (6)(A)(i) Any probationary licensee violating the provisions
of paragraph (4) of this subsection or operating a vehicle in
violation of any conditions specified in this subsection shall
be guilty of a misdemeanor. (ii) Except as provided in division (iii) of this subparagraph, any probationary licensee violating any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. (iii) Any probationary licensee violating any state law or local ordinance involving a felony offense listed in Code Section 40-5-54 shall be guilty of a felony and shall be punished as is provided for conviction of such felony. (B) Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54 or Code Section 40-6-391 or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on his license, shall have his license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall not be eligible to apply for a regular driver's license until the expiration of the original five-year revocation period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater. (C) If the commissioner has reason to believe or makes a
preliminary finding that the requirements of the public safety
or welfare outweigh the individual needs of a person for a
probationary license, the commissioner, in his discretion, after
affording the person notice and an opportunity to be heard, may
refuse to issue the license under this subsection. (D) Any person whose probationary driver's license has been
revoked shall not be eligible to apply for a subsequent
probationary license under this Code section for a period of
five years. (7) Any person whose probationary license has been revoked or who
has been refused a probationary license by the department may make
a request in writing for a hearing to be provided by the
department. Such hearing shall be provided by the department
within 30 days after the receipt of such request and shall follow
the procedures required by Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act." Appeal from such hearing shall be
in accordance with Chapter 13 of Title 50. (f) If a person's license was revoked for a violation of Code Section 40-6-391 resulting from a motor vehicle collision in which any person lost his life, the person whose license was revoked shall not be entitled to a probationary license as set forth in this Code section. |