2010 Georgia Code 40-5-62 Case Law
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Graham W. Syfert, Esq.

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One Click Case Law for § 40-5-62
O.C.G.A. § 40-5-61 <-- --> O.C.G.A. §40-5-63-1



2010 Georgia Code

TITLE 40 - MOTOR VEHICLES AND TRAFFIC

CHAPTER 5 - DRIVERS' LICENSES
ARTICLE 3 - CANCELLATION, SUSPENSION, AND REVOCATION OF LICENSES
§ 40-5-62 - Periods of revocation; conditions to restoration of license or issuance of new license

O.C.G.A. 40-5-62 (2010)
40-5-62. Periods of revocation; conditions to restoration of license or issuance of new license


(a) Unless the revocation was for a cause which has been removed, any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be eligible to apply for a new license nor restoration of his nonresident's operating privilege until:

(1) Five years from the date on which the revoked license was surrendered to and received by the department pursuant to a person's having been declared a habitual violator under Code Section 40-5-58 or from the date on which the department processed the citation or conviction, reduced by a period of time equal to that period of time which elapses between the date the person surrenders his driver's license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or

(2) Such time as any cause for revocation under subsection (b) of Code Section 40-5-59 has been removed.

(b) The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. Notwithstanding subsection (a) of this Code section or any other provision of this title, the department shall not issue a new license to any person whose license was revoked as a habitual violator for three violations of Code Section 40-6-391 within a five-year period unless and until such person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $410.00 or $400.00 if processed by mail in addition to the fee prescribed by Code Section 40-5-25 to issue a new driver's license to a person whose driver's license has been revoked.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com