If you are arrested for driving with a suspended license or without a license, it is essential that your rights are protected. Consider consulting an attorney to help protect your rights and restore your driving privileges. Contact our criminal defense attorney in Atlanta, GA to schedule a free legal consultation.
Driving With a Suspended License or Driving Without a Valid License.
Driving on the road with a suspended, disqualified, or revoked license or without a valid license can have serious consequences. You are most likely going to jail and will have to post a bond in order to be released. In rare instances, an officer might give you a ticket and release you a copy of charges if someone else is quickly able to drive the vehicle. Your license can be suspended for a number of reasons. Here are some of the most common reasons that the Department of Driver Services (DDS) suspends driver's licenses.
- Failure to Appear for a court date.
- Non-compliance with a Child Support order.
- Accumulating 15 points on your license in a 24 month period.
- Refusal to submit to a breath or blood test after a DUI arrest.
- Convictions for offenses that suspend your license by law, such as DUI, Hit & Run, Racing, Driving Without Insurance, or Fleeing or Attempting to Elude Police.
- Non-payment of a civil judgment against you with the opposing party initiating the suspension process with the Georgia Department of Driver Services.
While getting your license reinstated after you were arrested or ticketed is not a legal defense, it can often help resolve your case favorably court. In some courts in the metro Atlanta area, the prosecution will dismiss your Suspended License or Driving Without a License charge entirely if you can show proof of a valid license. Others might amended it to "Driving with No License on Person," which will not appear on your driver's history, or suspend the fine.
It is important to remember that a guilty to plea to Driving While License Suspended will suspend your license for 6 months with no eligibility for a limited permit. If it is your first arrest for this offense in a 5 year period, a plea of Nolo Contendere will not suspend your license.
40-5-121 DRIVING WITH A SUSPENDED, DISQUALIFIED, OR REVOKED LICENSE
- ...any person who drives a motor vehicle on any public highway of this state without being licensed as required by subsection (a) of Code Section 40-5-20 or at a time when his or her privilege to so drive is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere 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 or a plea of nolo contendere is accepted, shall be fingerprinted and shall be punished by imprisonment for not less than two days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00. Such fingerprints, taken upon conviction, shall be forwarded to the Georgia Crime Information Center where an identification number shall be assigned to the individual for the purpose of tracking any future violations by the same offender.
- For the second and third conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00.
- For the fourth or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years, and there may be imposed in addition thereto a fine of not less than $2,500.00 nor more than $5,000.00.
40-5-20 - LICENSE REQUIRED.
- No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver's license before operating a motor vehicle in this state. Any violation of this subsection shall be punished as provided in Code Section 40-5-121, except the violation of driving with an expired license, or a violation of Code Section 40-5-29 or if such person produces in court a valid driver's license issued by this state to such person, he or she shall not be guilty of such offenses. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license.
This website is not intended to create an attorney-client relationship with the Law Office of Kyle H. Jarzmik, LLC. Information on this site is not intended to be a substitute for advice provided by an attorney. Kyle Jarzmik is licensed to practice law only in the State of Georgia.
With offices in Atlanta, Georgia, we represent and advise people in Fulton, Cobb, Dekalb, Gwinnett, Forsyth, Clayton, Rockdale, Douglas, Coweta, Carroll County, Lawrenceville, Cumming and all over the state of Georgia.