Posted by Rhan Pemberton in Atlanta DUI Law on February 20, 2015
Driving On A Suspended License is a very serious charge in Georgia. Being convicted of this charge carries a minimum punishment of 2 days in jail, a $500 fine, and an additional 6-month license suspension. This license suspension is a hard suspension meaning there is no limited permit for work, school, etc.
You can rack up more jail and license suspension time with Suspended License charges than you can with DUI charges.
Suspended License: Defenses
However, there are many defenses to Driving On A Suspended License charges, and other options for getting the charge reduced to a less severe charge. Depending on why your license has been suspended the prosecution will have to prove you knew your license was suspended, or that you had noticed.
While this used to be a wonderful defense to this charge the notice requirement has been eroded by the legislature changing the laws concerning Driving On A Suspended License. Most suspensions no longer require you have actual notice of the suspension. However, some suspension do require actual notice, and this can be a defense to the charge.
Also, depending on the reason for your suspension, the officer may have to note your service/surrender date on your citation. Again, however, the Georgia Legislature has also eroded this requirement, and this defense only applies to a handful of suspended license charges.
In either event, you should consult with an attorney to find out which defenses may apply to your charges.
Reinstate Your Suspended License
If you have been charged with Driving On A Suspended License the best thing you can do before your court date is reinstate your driver’s license. If you cannot reinstate your license before your court date either get a continuance or hire a lawyer to continue to your court date. Many prosecutors will reduce a suspended license charge to Driving Without A License if you have reinstated your license.
Driving Without A License does not suspend your driver’s license, and is generally only punished by a fine.
To learn more watch my video at https://www.atlantaduilawyer.com/dui_video/driving-with-a-suspended-license/