judge orders less than minimum sentence

[peanut44]

What is the name of your state? GA

A judge ordered less than the statutory minimum sentence regarding a license suspension for DUI. What it looks like at first is that he used a sentencing form from back in 2001 (before the newest revision), but the form has 2006 written all over it and it doesn't even jive with the 2001 laws in some instances. the form cites georgia code xx-xx-xx, but when you look up the code, it spells out the current minimums without room for interpretation. I doubt they could be using an old form for the last 5 YEARS without anyone catching it, especially if they are taking the time to print 2006 on it. Also, getting my license back (after dui school/counseling) is a condition of my probation. I'm sure the dmv will give me flack because the statutory minimum hasn't passed yet.

I guess my question is... If the judge orders me to get a work permit, but the statutory minimum and the dmv say I have to wait...... Who's more right? If I don't get a work permit (which I need fairly badly) I'm actually violating probation. What gives?

[garrula lingua]

Your motor vehicle code should state whether Judges can define suspension, or MV.

Here, in CA, Judges pre-empted DMV until 11/20/05 when the vehicle code changed and stated all suspensions shall be by DMV, with some allowances to the Judge's discretion.

I believe the courts were so inconsistent in their suspensions, it was thought DMV would be more standardized and efficient.

Call your motor vehicles (if you don't want to look this up). They should be able to tell you whether you would get your driving privilege restored by MV after the period the Judge stated. The clerks will generally spend time with you trying to get the correct answer - it you get a cranky clerk, call back later & hopefully you'll reach a nicer person.