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Georgia Driver’s License Suspended
By: William C. Head, Criminal Defense Attorney Atlanta Traffic Ticket Lawyer 404-567-5515
Is My Georgia Driver’s License Suspended?
While most people who have a revoked or suspended license are aware of that driver’s license status, some Georgia drivers may be unaware of their lack of a valid drivers license in GA. Because dozens of potential causes exist (under Georgia driving laws) for a person to have a suspended license, if no mail notice of the action taken at the GA DMV (Georgia DDS) was sent out to (or never received by) the person caught driving without a license, this lack of notice can happen.
Some quick examples of how this can happen including forgetting about traffic tickets and missing the traffic court date leading to an “FTA” (failure to appear), a points suspension, or moving to a new address and not getting notice of a “superspeeder GA” default in timely paying the extra $200 tax that is assessed by the State of Georgia via U.S. mail notification after the misdemeanor speeding case is closed out. Plus, several non-driving issues can cause license suspension, including failing to pay child support payments or dropping out of high school.
Being Arrested for Driving While Suspended
Unfortunately, if caught driving with a suspended license GA, the police officer will be compelled to arrest you, since this motor vehicle crime (like DUI and hit and run) is one for which a law enforcement officer must remove you from being a further risk to the public, as a suspended or unlicensed driver. Law enforcement officers assume that no license also means no car insurance.
Plus, a conviction for driving with a suspended or revoked license can lead to jail time being imposed, by a criminal court judge, along with other penalties like probation, fines, and (if involved in a car accident, making restitution to others). Some Georgia statutes make a jail sentence mandatory upon the judge, especially for a repeat offense of driving while under suspension.
Is Driving Without a License a Misdemeanor?
Yes, every traffic offense that is a moving violation is a misdemeanor in Georgia. All misdemeanors in GA unless specially modified by a particular statute, (e.g., seat belt violations), call for up to $1,000 fine and up to 12 months of jail time.
Do I Need a Traffic Lawyer in Georgia?
Three categories of clients hire our law office to assist with their traffic tickets, and these are:
- People who are out of state, and cannot travel back to Georgia to personally handle the criminal case;
- People too busy to take time away from their business or job, for the hours of work required to clear up a traffic citation problem; and
- People who fear possibly being arrested, or who drive for a living (CDL licensee in a commercial motor vehicle), and do not want to risk coming to court.
How to Correct a Driver’s License Suspension
Several steps are needed to rectify a driving on suspended license problem. Hiring a traffic lawyer is the quickest route to clearing up the legal problem, and having a legal advocate may provide a needed “buffer” between you and the criminal justice system. To utilize “self-help,” without hiring a traffic attorney you will need to do these things:
- Obtain your driving record from GA DDS or another state DMV or DPS, by the online method or walk-in to a driver’s license customer service center;
- Contact the court for which your suspension was triggered or issued, by phone, if possible;
- Keep copies of all paperwork, and (if possible) have each form electronically stored on your computer as a PDF for emailing to various possible State or County or municipal court agencies of criminal courts;
- Have the cash to pay the fine or outstanding balance due (i.e., child support), before starting to clear up this basis for driver license suspension;
- Depending on the problem, the last step will be to provide proof of resolution on the basis of the license suspension or revocation to Georgia DDS or other state driver’s licensing agency (e.g., WV DMV, SC DPS, NC DMV or AL DPS), and to pay the required reinstatement fee to that state.
Penalties for Driving Without a License
Various Georgia statutes call for different levels of punishment for those caught driving under suspension or without a plastic license. Your traffic ticket should identify the code section (which can be searched on Google) and the penalty for driving without a license. But, the range of criminal punishments and driver’s license actions include:
- Fine and surcharges;
- Probation;
- Restitution or reinstatement fees;
- Jail time (if already suspended in a prior case);
- Additional suspension or revocation of driver license at DDS GA;
- Community service hours; and
- Requiring the driver to meet Georgia’s financial responsibility laws for repaying for uninsured damage to property and/or personal injury claims, before being able to have GA driving privileges restored.
Lack of a Drivers License for Illegal Immigrants Means Arrest
As part of a steady tightening of security after the September 11, 2001 attacks on the World Trade Center towers, many states (including Georgia) began refusing to issue a driver’s license for illegal immigrants (even where the applicant had another valid license issued by another state). Current federal policy toward anyone found in the United States without the legal right to be here is far more ominous and potentially life-changing if arrested.
