In the last twenty years, we have fought a war on drugs. There is no clear evidence that this war is being won. The loser in this war has been our constitutional rights. Most of these cases hinge upon the legality or illegality of how the police found the drugs.
LICENSE SUSPENSION DUE TO DRUG CHARGES; O.C.G.A. § 40-5-75
If you are convicted for possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or DUI Drugs, your license will be suspended. In other words, if you are convicted of anything relating to drugs, there is a strong likelihood that your license will be suspended without any work permit. This includes less than one ounce of marijuana.
Upon a first conviction for any drug charge listed above the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Motor Vehicle Safety a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. A plea of Nolo-contendere will not save a driver's license unless it is a first offense possession of marijuana.
Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Motor Vehicle Safety a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the department for a three-year driving permit.
NO CREDIT TOWARD A LICENSE LICENSE SUSPENSION DUE TO A DRUG CONVICTION WILL BEGIN UNTIL THE DRIVER'S LICENSE OF THE OFFENDER IS CLEAR FROM SUSPENSION FROM ALL OTHER CHARGES. IN ADDITION, THE SUSPENSION WILL NOT BEGIN UNTIL THE LICENSE IS SURRENDERED TO THE DEPARTMENT OF PUBLIC SAFETY.
Drug Related Crimes - O.C.G.A. 16-13-30
In Georgia It is illegal to purchase, possess, control, manufacture, deliver, distribute, dispense, administer, sell, purchase or possess with intent to distribute any controlled substance. ("Controlled substances" are defined O.C.G.A. 16-13-25 through 16-13-29 they range from marijuana and cocaine to most prescription drugs that one can buy in a drug store.)
Possession - O.C.G.A. 16-13-30
In Georgia, possession may be actual or "constructive." Constructive possession means that the person is not actually holding the drugs on their body. Drugs may be found in a car or on property owned or controlled by that person, then they are presumed to be in possession of the drugs. Also, if a defendant is seen with drugs (or a package that is later proven to contain drugs), and a police officer observes the defendant hiding or discarding them, he may still be convicted of drug possession even thought he didn't actually have them when he was arrested.
