Legal Question in Traffic Law in Georgia
suspended drivers license
I had a car wreck in Geaoria in 1997. I was uninsured. The insurance company of the car that I hit went to court and recieved a judgement against me, and my drivers license was suspended. I cannot afford to pay that judgement. Is the any other way to get that suspension lifted? Bankruptcy? What about a statute of limitations?
2 Answers from Attorneys
Re: suspended drivers license
I believe the Kansas Department of Revenue will treat bankruptcy the same as satifying the judgment, but I am not sure how that would relate to an out-of-state judgment. I suggest you call KDR, Driver Control Bureau in Topeka at 1-785-296-3671, and ask them what you need to do to be eligible for reinstatement.
Re: suspended drivers license
You are actually asking about two seperate issues.
I agree with Mr. Elliot as to the debt. Bankruptcy may be treated the same as "no longer owing the debt." The insurer nor the other driver could come after you later for that debt, unless you fall into one of a few exception like, being legally intoxicated when you hit them, etc. In those cases, you could not discharge this debt.
However, Georgia ( and Kansas by reciprocation) did not suspend your driving because you owed someone a debt. They did it because you failed to "maintain your financial responsibility" (have statutory minimum liability insurance or reimbutrse the innocent driver's insurer to that level.) That is not the same as just owing a debt.
If you work, you MAY be able to get a hardship driving license, but Kansas almost never grants them where there is a failure to maintain judgment unresolved somewhere, and very rarely otherwise.
In addition to calling the Dept of Revenue in Topeka, you need to also contact the equivalent agency in Georgia to see how long your priveledges are suspended there. If it is a short time, then perhaps discharging the debt in bankruptcy may be your best option and just refrain from driving until Georgia (and then Kansas) lifts the suspension. However, is is generally not good to ignore these things, because if you get a ticket in the next year, your right to drive may be gone for years, with no chance for leniency.
You are wise to request information form KS attorneys, you should do the same with folks admitted to practice in Georgia, which I am not. My responses to your questions were based upon KS experience and general reciprocal situations like yours. You need to get specific information from a Georgia attorney.
Good Luck,
Tony Smith
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