|
Sometimes it seems that the Georgia Department of Motor Vehicle
Safety thinks their job is to suspend as many driver's licenses as
possible. And of course, once a license is suspended, it seems that
you need an act of Congress to get it reinstated
There
are any number of reasons why a Georgia driver's license could be
suspended. Allowing your insurance to lapse, failure to appear to
pay a parking ticket, conviction of a license suspension traffic
offense, conviction of a drug offense, and the list goes on.
Many
people, either through ignorance or because of necessity, drive
while their licenses are in a state of suspension. Let's look at the
laws pertaining to license suspensions. Keep in mind, this has
nothing to do with driving with an
Habitual Violator revocation,
which is a felony. In this section we are going to deal with
misdemeanor license suspensions only.
Penalties for
Driving on a Suspended License
First Offense
This is a
misdemeanor. For a first
suspended license charge within a five year period, if you are
convicted you have to do at least 2 days in jail and pay a minimum
fine of $500.00. On top of that, unless you hire an attorney who
knows what he is doing, you will lose your driver's license for 6
months on top of the current suspension. You will have to pay for
two defensive driving classes rather than one, and two license
reinstatement reinstatement fees.
Second or
Subsequent Offense
This is a
misdemeanor of a
high and aggravated nature.
Minimum jail time is 10 days. The minimum fine is $1000.00 and can
be as high as $2500.00.
A
conviction will definitely mean additional license suspension on top
of your existing suspension. Hiring an attorney is critical since a
specialist might be able to find a defense to your case.
When Does a
Suspension Start
In most
cases, a suspension starts as soon as you are convicted of a traffic
offense that calls for a license suspension. You are usually served
with notice of suspension at the time of conviction.
Other
times your suspension starts without you ever receiving notice. For
example, if you did not appear in traffic court, or if your
insurance lapsed, your license might be suspended without you
knowing.
There
is a statutory defense to suspensions for failure to appear and for
lapsed insurance. An arresting officer must verify that you received
actual notice of the suspension and put it on the citation. If he
does not, we should be able to win your case.
Pay Attention
to This
Now, if you have not paid attention to anything else I have written,
pay attention to this. If you are convicted of a license
suspension traffic violation, the suspension starts at the time of
the conviction. However, you don't get credit for any suspension
until you turn in your driver's license.
What
happens if you've lost your driver's license and can't turn it in?
Your attorney can make sure the proper affidavit is filed in a
timely manner.
As you
can see, it is possible to serve out your suspension time and apply
for reinstatement only to find out that you received no credit for
that time because you didn't turn in your driver's license. A
knowledgeable attorney can insure this situation does not occur.
Even if it has, contact a lawyer as soon as you become aware
of the situation to see if he can help.
Limited
Driving Permit
There is no
limited driving permit allowed if you are convicted of driving on a
suspended license.
Quick Link
to our online questionnaire.
Back Next
|
