Update on Hit and Run in Brookhaven

DeKalb County Courthouse

Brookhaven, Ga. – As a Brookhaven DUI Lawyer, I wrote about a story last week involving a hit and run. More information has been released since then.

According to reports, the driver was arrested on the following charges:

• DUI in Georgia
• Hit and Run in Georgia
• Driving While Habitual Violator in Georgia
• Serious Injury by Vehicle in Georgia
• Driving with Suspended License in Georgia
• Failure to Maintain Lane in Georgia

The driver allegedly lost control of her vehicle and drove up onto the sidewalk. That is where she hit the 89-year-old woman walking on the sidewalk and then allegedly drove away.  She is currently being held in DeKalb County Jail with no bond.

I will cover what the law behind what it means to be a Habitual Violator in Georgia.

Habitual Violator in Georgia

Habitual violator is a status that a driver gains if he or she has committed three major offenses within a five-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 an HV (Habitual Violator) Status in Georgia are as follows:

• Any Felony using a Motor Vehicle in Georgia
• Unlawful or Fraudulent Use of or Application for a License or ID Card
• Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration
• Vehicular Homicide
• Hit and Run
• Fleeing or Attempting to Elude
• Racing
• Any Felony Forgery Conviction relating to an ID Document in Georgia
• DUI
• Child Endangerment
• Feticide by Vehicle in the First Degree
• Serious Injury by Vehicle

Three convictions for any of these 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

Call our offices today if you or a loved one has been arrested or cited for any of the above-mentioned offenses. Take a look through our website and see everything that we cover and specialize in. We can help you today.