by Mary Agramonte

It happens every day in courthouses around Georgia. You forget about a court date and next thing you know you are being arrested for driving with a suspended license. Or, you may know that your license is already suspended, but you drive carefully in an effort to avoid being pulled over and discovered by the police and are ultimately arrested for a minor traffic violation due to the license suspension. The State of Georgia has enacted a statute O.C.G.A. 40-5-121 – Driving While License Suspended/Revoked to address this problem. The State of Georgia takes this crime very seriously, and has enacted mandatory minimums if you are convicted. Unfortunately, if convicted, Driving while your license is suspended or revoked carries severe consequences to your freedom, your driver’s license, and your wallet.

There are several reasons your license may have been suspended in the first place. Certain crimes result in mandatory suspension. If it is your first conviction of the following, your license will be suspended for at least 120 days. In many of these cases, pleading nolo contendere (also known as “nolo”), will not stop your license suspension.

• Suspended registration
• Fraudulent use of an ID / Felony Forgery related to an ID
• Any felony in which a vehicle was used
• Racing
• Hit and Run
• Vehicular Homicide
• Using a vehicle in fleeing or Eluding an Officer in a vehicle

Your license will also be suspended in the following scenarios:
• Refusing a chemical test in a DUI
• DUI Alcohol or Drugs conviction
• Driving on a Suspended license
• Failure to pay Super Speeder fine
• Failure to Appear in Court or Pay a Traffic Ticket
• No insurance
• Accumulating 15 points in a 2 year period

The Penalties of a Driving with a Suspended License

Unfortunately, there are MANDATORY MINIMUMS associated with this crime. If you end up with a conviction, the penalty will be the same no matter what. That is why it is imperative to hire a lawyer to fight your case and protect your freedom, your driver’s license, and your criminal record.

If this is your first time being arrested and convicted for Driving while License is Suspended, you will be fingerprinted and sentenced to at least two days in jail. The base fine will be at minimum $500.00, and with surcharges, you can expect to pay almost double that. Your license will go into suspension an additional six months, with no limited driving permit available, and you will have to pay high fines to have it reinstated.

For the second and third convictions in a five year period, you will be sentenced to at least ten days and up to 12 months in jail. The base fine will be at least $1,000, with the same surcharges making the fine much, much higher in reality. This is also considered a high and aggravated misdemeanor. Your license will go into suspension another six months, with high fees to have it reinstated.

If you are arrested and convicted a fourth time within five years, you will be guilty of a felony and sent to prison for one year at the very least. The base fine will be $2,500, plus the hidden fines.

If you have been arrested for driving with a suspended license, act quickly and give us a call. We will give you a FREE CONSULTATION on how we can help you fight your case. Our law firm has handled hundreds of cases involving driving with a suspended license all over the metro Atlanta area, so give us a call at 404-581-0999.