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What is the statute of limitations on failure to appear in Georgia?


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Answered 2007-12-25 22:28:31

The previous answer to this question was partially correct. There is no "statute of limitations" on a failure to appear (or "FTA") in Georgia. The previous answer mistakenly assumed that a FTA results in the issuance of a bench warrant. There are numerous courts throughout Georgia that act to suspend a driver's license upon a FTA, rather than issuing a bench warrant against the defendant. When a defendant fails to appear in court to answer a charge or citation, the Department of Driver's Services (formally know as the Department of Motor Vehicles) is notified and, pursuant to O.C.G.A. 40-5-56 and/or 17-6-11, the Department of Driver's Services suspends the Defendant's driver's license. Often times, the court also issues a warrant for the Defendant's arrest for failing to appear in court.

Simply appearing in court and answering the charge or citation after the scheduled court date will not resolve this type of license suspension after the Department of Driver's Services has acted to suspend a driver's license.

If your driver's license is suspended AND/OR a warrant has been issued for your arrest as a result of your failure to appear and answer a charge, I can assist you in both resolving the charge and securing the reinstatement of your license. I will also seek to minimize the impact of the citation on your driving record. If you would like more information on resolving a FTA, visit my firm website at http://www.ms-firm.com/failure_to_appear.html Ben Sessions Georgia DUI and Criminal Defense Trial Lawyer McIlhinney & Sessions, LLC Website: http://www.ms-firm.com

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