Driving Without a License on Person

Accused of Driving without a License on Person in Georgia? A Yeargan & Kert, LLC Lawyer will Assist You in Proving Your Innocence.

In Georgia, a driver is stopped for a traffic violation or for any reason while operating a motor vehicle. Often, a police officer will ask for proof of identification. The proof of identification is typically a driver’s license. If you are not able to produce a driver’s license, you can be charged with driving without a license on person.

Driving without a License On Person in Georgia can Happen in Three Ways

After a traffic stop, driving without a license can happen in three scenarios:

In Atlanta, the Law Defines not having a Driver’s License on a Person in Three Elements

Remember, a police officer may accuse a driver of not having their license. However, a prosecutor must prove the driver did not present their license at the time they were stopped by police. The ways, or elements, the prosecutor uses to prove guilt are:

Driving Without a License on Person in Georgia is a Misdemeanor Offense

If a driver is convicted of not having a license at the time of a traffic stop, they face a misdemeanor penalty. The punishment for violating this law for the first time is:

If a driver is punished for a second time for not having their driver’s license for a second time, the penalty is:

To be punished for not having a license at the time of a traffic stop for the second time, it has to occur within five years of the first offense. For example, a driver was stopped in 2015 and did not have their license on them. They were again stopped in 2017 and did not have their license on them. It would be considered a second offense because it happened within five years.

Fighting a Driving Without a License On Person Charge When the Driver has a Valid License in Atlanta

Sometimes the first situation happens to a driver. They have a valid license, but do not have it on them at the time they were stopped. To fight the charge and avoid the harsh consequences of the misdemeanor offense, the driver can later show a valid license.

For a driver to prove their innocence, they must show at their hearing they had a valid license at the time they were stopped. For instance, the driver may show the license they did not have at the traffic stop.

This proof will avoid having to spend days in jail or have their license suspended. However, the driver will still have to pay a fine. The fine is approximately $10.

A Driver Does not have to have a Valid Georgia License to Operate a Motor Vehicle in Georgia

The state requires everyone to have a license while operating a motor vehicle in Atlanta. It does not specifically state the driver’s license have to be issued in Georgia. So in the first situation, the driver can prove they are innocent of not having a valid license by having:

Contact Yeargan & Kert, LLC to Fight Your Atlanta not having a License on Person Charge

Things happen. You may have forgotten your license at home. You may have thought you could drive on a suspended license when you were stopped by police and asked for your license. Whatever happened, Yeargan & Kert, LLC is here to represent you. You do not need to have this criminal act on your record. Also, you want to avoid your auto insurance increasing and other problems connected with this charge. Contact Yeargan & Kert, LLC immediately to start fighting your charge and put this situation behind you.