Ga. Comp. R. & Regs. R. 375-3-3-.09 - Extension of Temporary Driving Permits
(1) Extension of 45-day temporary driving
permit
(a) At the time a law enforcement
officer takes a person's driver's license for refusal to submit to chemical
testing or because the person's blood alcohol concentration is at a level
requiring administrative license suspension, the officer shall issue the person
a 45-day temporary driving permit. This temporary driving permit shall be on
DDS Form 1205 and shall be valid until the expiration of 45 days from the
incident date.
(b) If the person
files an appeal of the license suspension within 30 days, the Department shall
extend the temporary driving permit for an additional 90 days, but not beyond
the date when the person's driving privilege is suspended or revoked.
(c) The 90-day extension will be a DDS form
which, when accompanied with the driver's copy of DDS Form 1205, will serve as
the temporary driver's permit for the 90-day extension.
(d) The Department may issue an extension of
the 90-day temporary driving permit upon receipt of documentation from the
Office of State Administrative Hearings (OSAH) indicating that a final decision
has not yet been entered in the case and will not be entered prior to the
expiration of the temporary driving permit.
(e) In the event an officer issues a DDS Form
1205 to a person whose driver's license or driving privilege is otherwise valid
but neglects to sign the temporary driving permit at the bottom of such form,
the Department shall issue a temporary driving permit to such person for the
balance of the 45 days from the incident date. Such permit shall be subject to
extension pursuant to paragraphs (b) and (d) of this subsection.
(2) Extension of 180-day temporary
driving permit
(a) At the time a law
enforcement officer takes a person's driver's license for a violation of
O.C.G.A. §
40-6-391
for which the officer has not initiated an administrative license suspension
under O.C.G.A. §
40-5-67.1,
the officer shall issue a 180-day temporary driving permit.
(b) This permit shall be valid until the
expiration of 180 days or until the person's driving privilege is suspended or
revoked.
(c) In the event the case
has not been resolved within 180 days, the Department shall issue another
180-day temporary driving permit. Additional extensions may be issued for as
long as the case remains pending at OSAH.
(d) The Department shall extend the permit
only upon receipt of documentation from the judge, clerk of court, or
prosecutor from the court of jurisdiction stating that the case has not yet
been adjudicated.
(3)
Replacement of lost, stolen or destroyed temporary driving permits
(a) In the event a customer's temporary
driving permit is lost, stolen or destroyed, a replacement may be issued by the
Commissioner's designee on a form designated by the Department upon receipt of
a written request from the customer.
(b) Customers seeking replacement of a
180-day temporary driving permit shall provide both a copy of the citation and
documentation from the Court that such charge remains pending. Such permit
shall be valid for the applicable period provided in paragraph (2).
Notes
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