Even if you are found guilty of driving with a suspended license, if you were dealing with an emergency, a judge is likely to be more lenient during sentencing. For example, you may argue that you had to transport someone to the hospital, but the prosecution will counter that you could have called an ambulance. In this type of case, it comes down to a judgment of whether the driving was absolutely necessary. For example, if you are trying to escape violence, you may be excused for using a car to escape. There was an imminent danger: In some cases – particularly when you and/or another person are in imminent physical danger – driving without a license can be justified.If the police did not actually see you driving – and there was no video evidence – the prosecution’s case is weak. And just because your car was being driven, it cannot be assumed that you were the driver. Just sitting in the driver’s seat of a car does not prove that you were operating the vehicle.

I was not driving: If you were not driving, you cannot be guilty of driving with a suspended license.For example, if the notice was sent to the wrong address, you can legitimately argue that you were unaware of the suspension, through no fault of your own. However, if you can demonstrate that the court failed to give you proper notice of the suspension, you may be able to beat your charges. Merely not knowing that your license was suspended is not a great defense (especially if you failed to open your mail or show up in court). Georgians may lose their driving privileges for a variety of reason, such as refusing a blood alcohol test, failing to appear in court for a traffic citation, being convicting of a drug crime, or accumulating 15 points on their license. I was not properly notified that my license was suspended: Many people do not realize that their license is suspended until they are stopped for another traffic violation.However, there are some arguments that may prove effective in court, including: What is a defense to driving with a suspended license in Georgia?ĭriving with a suspended license charges can be difficult to defend against. An additional 6 month license suspension, followed by a $400-$410 reinstatement fee.An additional 6 month license suspension, followed by a $300-$310 reinstatement feeĪ fourth or subsequent conviction within 5 years will be treated as a felony.

An additional 6 month license suspension, followed by a $200-$210 reinstatement feeĪ second conviction or third conviction within 5 years is a misdemeanor of a high and aggravated nature and is punishable by:.

The punishment for driving with a suspended license largely depends on whether the offender has committed the offense before.Ī first conviction within 5 years is a misdemeanor and is punishable by: What is the punishment for driving with a suspended license? This law is very straightforward: If you do not have a license – because it was suspended or for any other reason – and you drive a motor vehicle, you are breaking the law. Georgia law (§ 40-5-121) states that any person who drives a motor vehicle on a public highway without being licensed, or at a time when his or her privilege to drive is suspended, disqualified, or revoked, has committed the offense of driving with a suspended or revoked license. Driving with a suspended license in Georgia If you have been charged with driving with a suspended license – and you want to protect your record and retain your license – you need to work with an attorney experienced with traffic crimes. Since these cases often involve multiple offenses, they tend to be complicated. Sometimes, the suspension is a result of past violations, such as unpaid tickets. When people are pulled over for speeding or DUI, that is when police discover they are driving illegally. A conviction can result in heavy fines, a criminal record, and an even longer license suspension.ĭriving with a suspended license usually involves other traffic violations. However, Georgia courts do not take this offense lightly. Many people underestimate the seriousness of driving with a suspended license, treating it like a minor traffic violation.

Why is my license suspended ga