As a leading criminal defense and traffic ticket lawyer in Statesboro, GA, our law firm has helped countless clients clear their names and avoid conviction. If you have been charged with driving with a suspended license, we can help you, too. Schedule an appointment to get started.
Obtaining a driver’s license in Georgia allows you to drive legally on public roads, as long as you meet the other requirements outlined by Georgia’s driving laws. However, driving privileges are not guaranteed forever and can be revoked, suspended, or canceled for many different reasons.
When a driver accumulates too many points on their driving record, their license may be suspended. Unfortunately, complying with the terms of a driver’s license suspension can be difficult, especially when an individual needs to drive to work, home, or other essential places. In these circumstances, many drivers just assume the risk and compound their legal issues by driving with a suspended license.
If convicted of driving with a suspended license, a driver may incur a variety of harsh penalties, including steep fines, a permanent criminal record, and even jail time. Luckily, conviction isn’t a foregone conclusion: The team at Joseph Williams Law is here to help. This article will explain everything you need to know about driving with a suspended license in Georgia, including legal definitions, possible penalties, common defenses, and more.
Driving with a Suspended License in Georgia
Driving with a suspended license is a serious offense in the State of Georgia. According to Georgia Code § 40-5-121, it is illegal for any person to drive a motor vehicle on public roads when their driver’s license or driving privileges have been suspended, revoked, or canceled.
However, just because an individual is charged with this criminal offense does not necessarily mean they will be convicted. In order to successfully convict someone of driving with a suspended license in Georgia, the prosecution must prove the several elements beyond a reasonable doubt.
What Does the Prosecution Need for Conviction?
To convict a driver of driving with a suspended license in Georgia, the prosecution needs to demonstrate that the alleged incident involved several key components. Here are the main elements needed to secure a conviction:
- Operation of a motor vehicle. The prosecution must demonstrate that the defendant was operating a motor vehicle. This can be proven through direct observation by law enforcement or police officers, witness testimony, or other credible evidence.
- Public roads or highways. The prosecution must prove that the vehicle was being operated on a public road, highway, or any area accessible to the public. Driving on private property does not satisfy this element.
- Suspended, canceled, or revoked license. The prosecution must show that the defendant’s driver’s license was suspended, revoked, or canceled at the time of the offense. This is typically proven through records from the Georgia Department of Driver Services (DDS).
- Knowledge of suspension. The prosecution must establish that the defendant knew or should have reasonably known that their license was suspended, revoked, or canceled.
The prosecution may rely on various types of evidence to prove their case. This includes law enforcement officer testimony, records from the Georgia Department of Driver Services, the defendant’s statements, witness testimony, and other types of evidence.
Penalties for Conviction
Driving with a suspended license is a serious offense in Georgia and punishable by a range of harsh penalties — especially for repeat offenders. The specific consequences you face will depend on a variety of factors and may include the following:
- First offense. A first conviction is a misdemeanor, punishable by fines ranging from $500 to $1,000, jail time of 2 days up to 12 months, and an additional six months of driver’s license suspension.
- Second and Third offense. Second and Third offenses are high and aggravated misdemeanors, punishable by a fine up to $2,500, a jail sentence of 10 days up to 12 months, and time added to the original license suspension.
- Fourth and subsequent offenses. Fourth and subsequent offenses are charged as felonies, punishable by a fine of up to $5,000, a jail sentence of 1 year up to 5 years, and an extended license suspension period.
In addition to these penalties, a conviction will go on the driver’s criminal record and may affect their ability to secure employment, housing, and educational or professional opportunities. Conviction may also result in increased insurance rates and, in some cases, court-mandated probation.
Common Defenses for Driving with a Suspended License
If you are charged with driving with a suspended license in Georgia, there are several legal defenses that can be used to contest these criminal charges. The effectiveness of these defenses will depend on the specific circumstances of your case. Here are a few of the common legal defenses we can explore:
- Unawareness of suspension. A key element the prosecution must prove is that you knew or should have known that your license was suspended. If you did not receive proper notice of the suspension from the Georgia Department of Driver Services (DDS), you might be able to argue that you were unaware of the suspension.
- Clerical mistakes. Administrative errors by the DDS or other authorities can sometimes lead to incorrect records of license suspension. If you can demonstrate that the suspension was due to a clerical error and that you had taken steps to maintain a valid license, this can be a viable defense.
- Failure to notify. If the DDS failed to send you the required notice of suspension, or if the notice was sent to an incorrect address, you can argue that you were not properly informed of the suspension.
- Emergency situations. If you were driving due to a genuine emergency, such as seeking medical attention or escaping imminent danger, you might be able to use the necessity defense. This requires showing that you had no reasonable alternative and that your actions were necessary to prevent significant harm.
- Reinstatement or validity. If your license had been reinstated or was valid at the time of the traffic stop but was incorrectly listed as suspended, presenting proof of reinstatement or validity can be a strong defense.
- Incorrect driver identification. If you were not the person driving the vehicle at the time of the alleged traffic offense, or if there was a mistake in identifying you as the driver, this can be a valid defense.
- Driving on private property. If you were driving exclusively on private property and not on public roads or highways, the charge of driving with a license suspended may not apply. This defense is based on the location of the vehicle operation at the time of the alleged offense.
- Authorized driving. In some cases, there may be exceptions that allow you to drive legally despite a suspended license, such as a court order or specific permit. If you were operating the vehicle under such an exception, this can be a defense.
These are just a few of the many defense strategies we can help you explore. After a thorough review of your case, our criminal defense attorney will design a custom approach that gives you the best possible chance to avoid conviction.
Joseph Williams Law: Top Criminal Defense and Traffic Attorney Serving Georgia
Driving with a suspended license may seem like a minor infraction, but that’s not the reality. If convicted, you may face a range of severe penalties and consequences that make it difficult to get your life back on track. Here’s the good news: Our criminal defense lawyer is here to fight for your future. Schedule an appointment and start fighting for your future today.