Governor Nathan Deal recently signed into law Senate Bill 365, which makes several significant changes to Georgia’s criminal code. Among other changes, SB 365 authorizes judges to deviate from the mandatory drivers license suspensions that formally resulted from minor drug possession.

Until recently, Georgia law required the Department of Drivers Services to suspend or revoke the drivers license of any person convicted of “any violation of the Georgia Controlled Substances Act” including minor, non-violent possession of marijuana. O.C.G.A. § 40-5-75 (emphasis added).

SB 365 now grants judges the authority to “order the [DDS] to restore a defendant's driver's license that has been or should be suspended pursuant to Code Section 40-5-75 or issue a defendant a limited driving permit . . .” as long as the underlying offense did not involve the operation of a motor vehicle.

This is an encouraging and much needed amendment to the code that will potentially allow low-level drug offenders to avoid the draconian license-suspension consequences of minor offenses. It’s important to note, however, that the onus will be on defense attorneys to affirmatively ask the court for the deviation permitted by SB 365 as the authority to grant licenses is entirely in the court’s discretion and certainly not automatic.

The full bill can be found here: http://gov.georgia.gov/sites/gov.georgia.gov/files/related_files/document/144870.pdf