Could You Lose Your Driver’s License Under Georgia’s First Offender Act?

If you are a first-time offender in Georgia–that is, you do not have any prior felony conviction in Georgia or another state–you may be able to avoid having a conviction on your record. Georgia’s First Offender Act gives the trial judge discretion to defer further proceedings against a defendant and place them on probation for a period of time. If the defendant successfully completes probation, the court will dismiss the original criminal charge.

Court of Appeals Rejects Challenge to Probation Conditions in Vehicular Homicide Case

That is not to say, however, that probation under the First Offender Act is a walk in the park. The trial court has broad discretion to set the conditions of probation. And some of those conditions can significantly affect your life.

For example, the Georgia Court of Appeals recently addressed a case, Smith v. State, where a defendant subject to the First Offender Act lost her driving privileges. This case involved a defendant charged with vehicular homicide and failure to yield right of way following a fatal traffic accident. The defendant pleaded guilty to both charges.

The trial court then merged the two offenses for sentencing purposes and sentenced the defendant under the First Offender Act. As such, the judge ordered the defendant to serve 12 months probation. During this time, the court further ordered the defendant’s driver’s license suspended. She would also need to take an eye examination and report the results back to the Georgia Department of Driver Services (DSS) before her license could be reinstated.

The defendant appealed these conditions, arguing the trial court did not have the legal authority to suspend her driver’s license. She maintained only the DSS could take such action. The Court of Appeals rejected that argument and upheld the sentence as imposed by the trial judge. The appellate court noted that as a general rule, trial judges have “broad discretion in imposing conditions of probation.” The fact that state law vests the DDS with the authority to suspend licenses therefore does not prevent a trial judge from imposing a similar suspension as a condition of probation.

More to the point, the defendant maintained that her guilty plea under the First Offender Act was not a “conviction” under Georgia law governing the suspension of driver’s licenses. While in most contexts it is true that there is no final judgment of conviction for someone who completes probation under the First Offender Act, the Court of Appeals explained that this general definition of “conviction” did not apply to the laws governing the suspension of driver’s licenses. To the contrary, a “conviction” for that purpose can include a guilty plea to a traffic violation, as the defendant entered in this case.

Contact The Spizman Firm Trial Lawyers Today

If you have never faced serious criminal charges in Georgia before, you are understandably confused and overwhelmed by the process. An experienced Atlanta criminal defense attorney can offer you invaluable guidance and representation. Call The Spizman Firm Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=a77d5344-255e-4db0-989b-6f6a4a087c25