Is your driving license revoked or suspended in Georgia due to any reason?
In such a situation, it is common to think about whether you can still drive on a suspended license under special circumstances or if you will be penalized. And what the penalties are if you are caught driving on a suspended license.
Having your driving license suspended is a serious concern, as it means you might not be able to drive.
Talking to an Atlanta Criminal Defense Lawyer for legal assistance can help minimize the consequences of losing your license.
Here is everything you need to know about license suspension and the consequences of driving without a valid license.
Understanding Driving License Suspension in Georgia
A license suspension is a condition in which your driving privileges and license status are withdrawn for a temporary period.
The driving privileges can be temporarily withdrawn for a variety of reasons and traffic offenses, such as committing a felony with a motor vehicle, racing illegally on public roads, forging an identification document, leaving the scene of an accident, refusing a chemical test after a DUI stop, DUI offenses, accumulation of demerit points, etc.
The suspension period may vary depending on the number of demerit points on your driving record or any other offense that you have committed.
Driving with an invalid license could lead to longer suspension, fines, and jail time. You can also request a hearing to appeal if you believe that the suspension was illegal.
Differences Between License Suspension and Revocation in Georgia
In Georgia, both license suspension and revocation are penalties that restrict your ability to drive legally, but they differ in severity, duration, and the process for reinstating your driving privileges.
Below is a breakdown of the key differences:
1. License Suspension
A suspension temporarily removes your driving privileges for a set period or until specific conditions are met.
Common Causes:
- Accumulating too many points on your driving record.
- Failing to pay traffic fines or child support.
- DUI convictions (first or second offense).
- Refusing a chemical test under Georgia’s implied consent law.
- Administrative suspensions for certain offenses (e.g., minor drug violations).
License Penalties:
- You are prohibited from driving during the suspension period.
- Driving with a suspended license can result in additional penalties, including fines, jail time, and an extended suspension.
Reinstatement:
- Pay all reinstatement fees.
- Satisfy court requirements, such as attending DUI school or paying fines.
- Provide proof of insurance if required.
- Suspension ends after the specified time, assuming conditions are met.
2. License Revocation
Revocation permanently cancels your driver’s license.
You must reapply for a new license after a revocation period and meet all eligibility requirements.
Common Causes:
- Convictions for severe offenses like vehicular manslaughter or habitual traffic violations.
- Drunk driving offenses (third or subsequent offense).
- Providing false information on a license application.
- A felony conviction involving the use of a vehicle.
Penalties:
- Your license is completely invalid, and you must reapply after the revocation period.
- Driving with a revoked license is a more serious offense, often leading to felony charges and harsher penalties.
Reinstatement:
- Wait out the revocation period, which varies based on the offense.
- Fulfill all court-ordered requirements.
- Pass the driving tests (written, vision, and road tests) again.
- Pay reinstatement and application fees.
Penalties for Driving on a Suspended License in Georgia
First Time Offenders
- Misdemeanor Charge: Driving with a suspended or revoked license is considered a misdemeanor offense.
- Fines: You could face fines ranging from $500 to $1,000.
- Jail Time: A sentence of up to 2 days in jail is mandatory, but the court may impose up to 12 months in jail in some cases.
- Additional Suspension: Your license suspension or revocation period may be extended by an additional 6 months.
Second Time Offenders
- Increased Fines: Fines increase to $1,000 to $2,500.
- Longer Jail Time: Mandatory jail time increases to 10 days, with the possibility of up to 12 months in jail.
- Additional Suspension: Another 6-month extension period of suspension is added.
Third and Subsequent Offense
- Heavier Fines: Fines rise to $2,500 to $5,000.
- Extended Jail Time: A minimum of 30 days in jail, with up to 12 months possible.
- Habitual Violator Status: If you accumulate enough offenses, you may be declared a “Habitual Offender,” which carries even harsher penalties.
Reinstatement Fee for a Suspended or Revoked License
You need to satisfy a set of requirements for reinstatement after the suspension period is over.
The requirements for reinstatement service for a suspended license are determined by the DDS.
These requirements will vary according to the type of suspension.
Also, the reinstatement fee may vary depending on specific situations, such as:
- $210 for a 1st offense
- $310 for a 2nd offense within five years, and
- $410 for a third subsequent conviction within a five-year period.
Depending on the circumstances, your driving license may be reinstated after paying the fine. However, you may need to complete other requirements before your license is reinstated.
How a Criminal Defense Attorney Can Help If You Were Driving with a Suspended or Revoked License
If you’ve been charged with driving with a suspended or revoked license, a skilled criminal defense attorney can play a critical role in helping with this legal issue, protecting your rights, minimizing penalties, and helping you navigate the legal system.
Here’s how an experienced attorney will take legal action to help with license penalties:
1. Evaluate Your Case
An attorney will thoroughly review the circumstances surrounding your arrest, including:
- Whether the traffic citation was conducted legally.
- If you were given a legal notice for your license suspension or revocation.
- The validity of the evidence presented by the prosecution.
This analysis helps identify weaknesses in the case that may lead to reduced charges or a dismissal.
2. Explore Potential Defenses
Depending on the facts, a defense attorney may employ several strategies, such as:
- Lack of Knowledge: Arguing that you were unaware of your license suspension because you did not receive proper legal notice.
- Unlawful Traffic Stop: Challenging the legality of the stop if the law enforcement officer lacked reasonable suspicion for the traffic violation.
- Necessity Defense: Demonstrating that you drove due to an emergency, such as a medical crisis or other urgent need.
3. Negotiate Reduced Penalties
An attorney can negotiate with prosecutors to:
- Reduce the charges to a lesser offense, such as driving without a valid license.
- Minimize fines or eliminate jail time.
- Advocate for alternative sentencing options, such as probation or community service.
4. Represent You in Court
Your lawyer will present your case in court, challenging evidence and making arguments to protect your rights.
They’ll ensure that the prosecution meets its burden of proof and that you receive a fair trial.
5. Mitigate Long-Term Consequences
An attorney can help prevent additional license penalties, such as:
- Further license suspension or revocation.
- Criminal charges or felony charges.
- Higher insurance premiums.
- A criminal record affects employment and housing opportunities.
6. Assist with License Reinstatement
A defense attorney can guide you through the process of reinstating your driver’s license, ensuring you fulfill all legal and administrative requirements, such as:
- Paying fines and fees.
- Completing court-ordered programs.
- Handling any necessary hearings.
Why Hiring an Attorney Is Essential
Driving with a suspended or revoked license is a serious offense in most jurisdictions, often carrying mandatory jail time, hefty fines, and a permanent mark on your record.
A knowledgeable attorney can significantly improve your chances of achieving a favorable outcome and help you move forward with fewer disruptions to your life.
If you’ve been charged, don’t navigate the legal system alone.
Consult with a criminal defense attorney to safeguard your future.
Conclusion
Driving after suspension or revocation of license comes with serious penalties, including jail time and fines.
Hiring a criminal lawyer in Atlanta who is familiar with such circumstances is essential during this critical period of your life.
At Hines Law, we’re committed to providing the best representation to our clients.
Our team of Atlanta accident lawyers, criminal defense lawyers has the knowledge and experience to help individuals and families facing a variety of issues.