Driving on a Suspended License

Facing a driving on a suspended license charge in Georgia can be a daunting experience, but it is important to know how to handle the situation if it arises. If you find yourself pulled over while driving with a suspended license, it is crucial to remain calm and respectful towards law enforcement officers. Remember that getting arrested is a normally done in this situation, so it is important to contact an experienced attorney immediately upon release. An attorney can advise you on your legal options and help you navigate the legal process ahead. Stay diligent and proactive when dealing with a driving on a suspended license charge in Georgia.

Overview of Driving on a Suspended License Charge in Georgia

Driving with a suspended license in Georgia is a serious offense and can lead to severe consequences. If you choose to continue driving despite having your license suspended, you may face the following repercussions:

Criminal charges: Driving with a suspended license is considered a criminal offense in Georgia, and you may be charged with a misdemeanor or even a felony, depending on the circumstances and your past convictions.
Fines: If caught driving on a suspended license, you could be subject to substantial fines, often ranging from $500 to $1,000 or more.
Jail time: Depending on the severity of the offense and your prior record, you may face jail time as a consequence of driving with a suspended license.
Extended suspension: Your license suspension period may be extended, further delaying your ability to drive legally.
Vehicle impoundment: In some cases, the authorities may impound your vehicle if you are caught driving with a suspended license, and no one can come and get it for you.

There are several reasons why your driver's license might have been suspended in Georgia, including:

Accumulation of points: If you accumulate 15 or more points on your driving record within a 24-month period, your license may be suspended.
DUI conviction: A conviction for driving under the influence (DUI) of drugs or alcohol can result in license suspension.
Failure to appear in court or pay fines: Not appearing in court or failing to pay traffic fines can lead to license suspension.
Driving without insurance: Operating a vehicle without valid and up-to-date insurance coverage may result in license suspension.
Failure to pay child support: If you are under court order to pay child support and you do not do so, your license may be administratively suspended.

It is crucial not to drive if your license is suspended due to the potential legal and financial consequences mentioned above. Additionally, driving with a suspended license undermines the purpose of the suspension, which is to protect public safety and encourage responsible driving behavior. By refraining from driving until your license is reinstated, you demonstrate your commitment to adhering to the law and prioritizing the well-being of yourself and others on the road.

Consequences for Conviction of Driving on a Suspended License

In Georgia, driving on a suspended license is a serious offense with significant consequences. The penalties for being convicted of driving with a suspended license vary depending on the number of prior convictions within a five-year period:

First conviction in five years:

Fines: $500 to $1,000
Jail time: 2 days to 12 months
Additional license suspension: 6 months, starting from the date of the conviction
Limited permit: Not available
Reinstatement fee: $210 to reinstate your license after the suspension
Fingerprinting: Required as part of the conviction process
Nolo Contendere or No Contest Plea: available, only if not used in the last 5 years; will only avoid the additional license suspension - everything else still applies.

Second or third conviction in five years:

Classification: High and aggravated misdemeanor
Fines: $1,000 to $2,500
Jail time: 10 days to 12 months
Additional license suspension: 6 months
Limited permit: Not available
Reinstatement fee: $310 for a second conviction, $410 for a third conviction
Nolo Contendere or No Contest Plea: available, only if not used in the last 5 years; will only avoid the additional license suspension - everything else still applies.

Fourth or more convictions in five years:

Classification: Felony charges
Fines: $2,500 to $5,000
Prison time: One year to five years
Additional license suspension: 6 months
Limited permit: Not available
Reinstatement fee: $410
Nolo Contendere or No Contest Plea: available, only if not used in the last 5 years; will only avoid the additional license suspension - everything else still applies.

These penalties highlight the seriousness of driving on a suspended license in Georgia. The state aims to deter such behavior by imposing increasingly severe consequences for repeat offenders. It is crucial for individuals with a suspended license to adhere to the conditions of their suspension and refrain from driving until their license is reinstated to avoid these penalties and demonstrate a commitment to responsible driving.

Possible Defenses

If you are charged with driving on a suspended license in Georgia, it is essential to consult with an experienced attorney who can help you explore possible legal defenses. Some potential defenses that may be used to fight a driving on a suspended license charge include:

Improper notification: If the Department of Driver Services (DDS) failed to follow the correct procedure when notifying you of your license suspension, it might be possible to challenge the validity of the suspension and the subsequent charge.
Mistake of fact: If you can prove that there was a mistake of fact, such as an error in the DDS records or a clerical error that led to the suspension, this defense might be successful in getting the charge dismissed.
Invalid traffic stop: If the police officer who stopped you did not have a valid reason for doing so (e.g., no probable cause or reasonable suspicion), it might be possible to have the evidence obtained during the stop suppressed, which could lead to the dismissal of the charge.
Expired suspension period: If you can show that the suspension period had already expired at the time of the alleged offense, this defense might be effective in getting the charge dismissed.
Reinstatement errors: If you have taken all necessary steps to reinstate your license and can prove that any remaining issues are due to administrative errors on the part of the DDS, this defense might be successful.

It is important to remember that each case is unique, and the success of any defense will depend on the specific circumstances of your situation. A qualified attorney can evaluate your case, identify potential defenses, and guide you through the legal process to achieve the best possible outcome.

How We Can Help

If you have been charged with driving on a suspended license in Georgia, it can feel like there's no end in sight - you already had your license suspended once, and now you're facing additional suspension and even jail time. Your Law Firm is here to help. Our team of legal professionals will work diligently to guide you every step of the way. We understand that it can be a daunting process and are committed to providing compassionate and professional services to help you get your license back and potentially reduce the charges. We know how important having a valid license is and will go above and beyond to ensure that you have the tools necessary to move forward. Trust us with your legal needs and let us help you regain control of your driving privileges.