Driving Without License in Georgia
Driving without a license is more than just a traffic infraction in Georgia. It is a serious offense that should not be ignored, and failure to pay the ticket or appear in court may result in a Bench Warrant for your arrest for
Failure to Appear. The only real defense is that you were not carrying your license, despite having a valid license.
License-Related Offenses
Georgia law defines several license-related offenses.
There are some examples: no License Person, Driving Without a License and
Driving on a Suspended License. Driving Without a License is one of the more serious, particularly for repeat offenders. If you have been charged with Driving Without a License, you could face time in jail. You should consult with an experienced
Georgia Criminal Defense Attorney before going to court to discuss your options and potential outcomes.
Driving Without a License
In general, anyone operating a motor vehicle on a Georgia highway must have and be able to show a valid driver's license. Failure to comply can lead to a misdemeanor conviction.
While some states only consider it a violation for someone who has never had a driver's license to drive, Georgia considers it a misdemeanor punishable by up to a year in jail or a
$1,000 fine. A conviction may also make it difficult for you to obtain a license shortly.
License Not In Possession
Persons who are licensed but fail to display their license when asked by an officer may be charged with a misdemeanor, punishable by up to a year in jail and a
$1,000 fine. However, if the driver can show a valid driver's license at the officer's request, the person only has to pay a maximum
$10 fine.
Driving without a license is punishable by a separate charge in Georgia. A driver's license is required by
O.C.G.A. 40-5-29 to be "carried and displayed on demand":
- When operating a car or other motor vehicle, every person who has been issued a driver's license should have it with them.
- Every licensed driver must show their license when asked by a law enforcement officer.
- Anyone convicted of this offense who shows a valid driver's license in court will be fined $10.
However, the lines can become blurred at times. If the officer cannot confirm the driver's identity, they may be charged with driving without a valid license. Charges may also be reduced later if the driver can show proof of a valid driver's license.
So, "
driving without a license on the person" means the driver has a valid license, but it is not with them when they are stopped. The officer who stopped them may be understanding and only issue a traffic citation. The driver could then appear in court and present their driver's license to have the citation dismissed or reduced.
Driving Without a Valid License
Driving without a license is a misdemeanor. A driver with an out-of-state license may also be charged with a misdemeanor if they have lived in Georgia for more than 30 days but have not obtained a Georgia driver's license. The maximum penalty is a year in prison and a
$1,000 fine in either case.
Driving With a Suspended License
Driving with a suspended license is even more serious. The same maximum penalties apply, but a two-day jail sentence and a
$500 fine. Second and third offenses are punishable by at least 10 days in jail, a fine ranging from
$1,000 to $2,500, a six-month additional license suspension, and a license reinstatement fee of up to
$410. Subsequent offenses are felonies punishable by a year in prison and a fine ranging from
$2,500 to
$5,000.
Point Suspension
Georgia law states that if a driver accumulates 15 points in 24 months, the
DDS will automatically suspend your license. If you have any out-of-state violations, they will be added to your total number of points. Suppose you are under the age of 21. In that case, the following convictions may result in a suspended license: reckless driving, racing, accumulating 4 or more points for improper or unlawful passing of a school bus, exceeding the speed limit by 24 or more miles per hour, aggressive driving, eluding an officer, and misrepresenting I.D. or age, driving while intoxicated or purchasing alcohol, and hit-and-run For drivers under the age of 18, any four-point violation will result in a suspension.
The length of the suspension will vary depending on the number of points accumulated at the time your license is revoked. If you have a history of repeat offenses, your G.A. license may be suspended for longer. Before deciding whether a license should be suspended for a short period or taken away for several years, the
Georgia DDS. considers all of the facts of your situation.
Exceptions
Certain individuals are exempt from the provisions of this law, as outlined in
O.C.G.A. 40-5-21. They are as follows:
- A U.S. Government employee who is driving a vehicle owned or leased by the federal government and is on official business;
- A non-resident who possesses a valid driver's license from another country provided that they meet all requirements for obtaining a Georgia driver's license and possesses a valid international driving permit;
- A non-resident on active duty in the United States military with a valid license from their home state;
- A spouse or dependent child of a member of the United States military who has a valid license from their home state;
- A person on active duty in the United States military who possesses a valid license issued in a foreign country by the United States armed forces, valid for up to 45 days after the person's return to the United States;
- Any inmate or resident patient of an institution who drives a vehicle on the institution's grounds while accompanied and supervised by a qualified driving instructor or other person authorized to supervise the inmate or resident patient;
- Any inmate of an institution driving a vehicle owned or leased by the state, county, or municipality does so with the warden's written permission and approved by the warden. The inmate must have passed the required vision, written, and driving tests.
- A member of the United States military reserves who are operating a government vehicle in the course of their duties;
- A person who is taking the driving test to obtain a license and is accompanied by a driver's license examiner;
- Any migrant farmworker who spends less than 90 days in the state in a year and has a license from another state;
- Any resident who is 15 years of age or older and is enrolled in a driving training program under the supervision of a driving instructor;
- Anyone operating a motorized cart in an area designated for motorized carts;
- A non-resident who is enrolled in and attending school in the state IF (a) they are 16 years old and (b) has a valid license from another state.
License Reinstatement
It should be noted that a license is not automatically reinstated once a suspension or restriction period has passed. Generally, a reinstatement fee must be paid before a driver's license can become valid again, and these fees increase with each subsequent conviction.
