The Georgia Department of Driver Services (DDS) maintains a driving record for every licensed driver in the state.  This record includes a list of all traffic offenses for which a conviction or a plea of nolo contendere (no contest) was obtained.  Georgia uses a point system, meaning a certain number of points accompany each traffic offense.  Depending on the age of the driver and the type of offense, if a driver accumulates too many points in a certain period of time, he will face a license suspension.

The purpose of this article is to explore how the point system works in Georgia, and how that system is used in conjunction with the suspension of driver's licenses.

Drivers Under 18 Years Of Age

The driver's license of people under the age of 18 will be suspended if the driver accumulates 4 or more points in any 12-month period.  As you can imagine, it can be quite easy to accumulate 4 or more points in a 12-month period for many drivers.  The legislature has decided to place this heavy restriction onto this particular group of drivers due to their young age and limited experience behind the wheel.

Drivers Who Are At Least 18 Years Old And Younger Than 21 Years Old

Drivers between 18 and 21 years of age will face a license suspension if they are convicted of a single traffic offense that carries 4 or more points.

Examples of traffic offenses that carry 4 or more points include:

• Speeding 24 miles per hour or more;
• Passing a loading school bus;
• Reckless driving;
• Passing on a hill or a curve; and
• Aggressive driving.

In addition, drivers between 18 and 21 years of age will face a license suspension if they accumulate 15 or more points in any consecutive 24-month period.

Drivers Under Age 21 And The Nolo Contendere Plea

It is important to note that for drivers under the age of 18, a nolo plea will not avoid a point assessment for any offense, and therefore hold little value as far as points are concerned.

For drivers between 18 and 21 years of age, a plea of no contest will not avoid a license suspension for certain offenses.  Pursuant to Georgia Code 40-5-57.1(a), a nolo plea for the following offenses is still considered a conviction both for the purposes of license suspension and for the assessment of points:

• Hit and Run or Leaving the Scene of an Accident;
• Racing;
• Using a Vehicle To Flee From Law Enforcement;
• Reckless Driving;
• Trying to Purchase Alcohol or Using False Identification to Purchase Alcohol; and
• DUI.

In addition, for all drivers under 21 years of age, a nolo plea will not avoid a license suspension for any offense for which 4 or more points are assessed.  However, a nolo plea will avoid a point assessment for traffic offenses that carry 3 points or less.

Drivers 21 Years Of Age Or Older

Drivers who are 21 years of age or older will face a license suspension if they accumulate 15 or more points in any consecutive 24-month period.

Drivers 21 Years Of Age Or Older And Nolo Pleas

A nolo plea will avoid a point assessment for offenses that carry 3 points or less.

DUIs, Nolo Pleas, And Points

Unfortunately, a nolo plea still operates as a conviction in all DUI cases, regardless of the age of the driver, and a DUI conviction will result in the suspension of your driver's license.  Georgia Code 40-6-391 lays out the different sentencing ranges for the various types of DUIs, and the criminal penalties for these DUIs are enforced when “a conviction is obtained or a plea of nolo contendere is accepted.”

In addition, since a DUI conviction or plea of no contest to a charge of DUI will automatically trigger a license suspension, a calculation of any points assessment is not a necessary determination.

Contact Us

As you can see, the state of Georgia uses a complex and convoluted system as it pertains to traffic offenses and the suspension of a person's driver's license.  Not all traffic offenses are created equal, and this is especially apparent when a driver is facing a mandatory suspension upon conviction or a plea of guilty to certain traffic offenses. 

Therefore, it is important to hire an attorney who has both the knowledge and the experience in these types of cases.  Call The Law Office of Addison C. Waid IV today at (770) 727-1088 or email us at [email protected] and schedule your free consultation.  Attorney Addison Waid has years of experience both prosecuting and defending all types of traffic offenses, and he will use this experience to help you in your time of need.