Two years ago in November of 2017, a Forsyth County officer was struck by the vehicle of an alleged drunk driver. That case came to a close this past week when the man pleaded guilty to causing the wreck. He pleaded guilty to both serious injury by vehicle and DUI in Georgia.
According to reports, the officer required five different surgeries and intensive physical therapy after breaking both his hip and several ribs from the crash. The driver is now considered a habitual violator in Georgia. He has been sentenced to five years in prison followed by an additional five years of probation.
As a Georgia DUI Lawyer, I will outline what constitutes a habitual violator in today's post.
Habitual Violator in Georgia
Habitual violator is a status that a driver gains if he or she has committed three major offenses within a 5 year period of time. As a result of a habitual violator status, the driver's license will be suspended for five years.
There are certain offenses that are considered as “major offenses,” and if committed three times within a five year period of time, the result will be a habitual violator status.
The offenses that lead to a HV (Habitual Violator) Status in Georgia are as follows:
- Vehicular Homicide in Georgia
- Any Felony using a Motor Vehicle in Georgia
- Hit and Run in Georgia
- Racing in Georgia
- Fleeing or Attempting to Elude an Officer in Georgia
- Unlawful or Fraudulent Use of or Application for a License or ID Card in Georgia
- Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration in Georgia
- Any Felony Forgery Conviction relating to an ID Document in Georgia
- DUI in Georgia
- DUI Child Endangerment in Georgia
- Feticide by Vehicle in the First Degree in Georgia
- Serious Injury by Vehicle in Georgia
Three convictions for any of theses offenses within a five-year period (measured from date of arrest to date of arrest) will result in notice to the violator of his or her habitual violator status and the suspension of his or her driver's license.
The most important takeaway from this post is that driving at all while being declared a habitual violator is classified as a felony. This has nothing to do with being caught DUI or breaking the law in any way - simply driving while being a habitual violator is a felony.
Practice Note
There are further offenses that can lead to more serious consequences while declared a habitual violator in the state of Georgia. If you or a loved one has been arrested, contact a Georgia DUI Attorney today.
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