Concord, CA asked in Criminal Law, Traffic Tickets and Municipal Law for Georgia

Q: O.C.G.A. 40-6-395 Is this a conviction of this crime and is this right?

I had an incident where I was speeding, I got scared when i saw the police lights, and ran from the officer in my vehicle, then calmed down and left my car in park to walk back to where the officer had stopped to turn myself in. In court, the judge ruled it as a traffic infraction with no points against my license and a fine of around 400 dollars. The Georgia DDS then suspended my license for failing to complete a defensive driver course for the incident which was never court ordered and which i was never informed of. With the charges being lowered and the fine being less than the minimum $500, is this still a fleeing and attempting to elude conviction? And did the DDS have the right to mandate the course and issue a suspension?

1 Lawyer Answer
Zachary Taylor Beck
Zachary Taylor Beck
  • Criminal Law Lawyer
  • Rome, GA
  • Licensed in Georgia

A: DDS is an executive agency with its own policies and rules, which the Georgia Legislature delegated the legislative authority to DDS to make. An answer explaining separation of powers, the non-delegation doctrine, and that it is a privilege, not a right, to drive in Georgia would require a lengthy answer. Simply put, regardless of the Court order and pursuant DDS's own executive authority, the agency has mandated that upon conviction (including guilty pleas) of certain traffic violations a motorist's license will be suspended. Further, pursuant to the same authority, DDS can require the motorist to complete a driver's safety course, among other penalties, to reinstate the motorist's driving privileges. This is true regardless of the penalties a judge or jury may impose pursuant to a legislative statute.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.