UPDATE: AS OF JULY 1ST, 2017, THE 10 DAY LETTER HAS BEEN EXTENDED TO 30 DAYS.
In my first installment, I covered why it is important to hire an attorney that understands the DUI Process in Fulton County. In this installment, i will cover ALS Hearings and the 10 Day Letter.
When you are arrested for DUI in Georgia, the arresting office decides whether to take your license or issue the DDS 1205 form. It is entirely up to the police officer and usually is a matter of both departmental policy as well as how the officer felt about your personally. Some officers are willing to give an arrested driver a break. While, other times they have no choice due to their departmental policies.
If you have been arrested for DUI in Fulton County, I always advise sending a 10 day letter in every single case, no matter whether your license was taken. There is no question if your license was taken that you need to request an ALS Hearing. That is without debate amongst the legal community.
The debate on the 10 day letter is whether to send it when the client's license was not taken. I understand why a person may not want to pay the $150 filing fee. No one wants to waste $150. However, some police officers forget to take a person's license and still send in the form to suspend the license. As a result, you can be driving around with your license on your person and not realize it is suspended.
If your Fulton County DUI Attorney sends the 10 day letter, you will be assured that you will not lose your ability to drive through inaction. In the event the ALS hearing is not needed, you can seek a refund of the $150 filing fee from the State of Georgia. As a result, you have nothing to lose by sending in the request and everything to gain.
In out next installment, we will cover the actual ALS hearing that is the result of the 10 day letter.