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No Proof of Automobile Insurance in Georgia

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Georgia law requires that drivers maintain minimum motor vehicle liability insurance. Additionally, drivers must carry proof of that insurance in their vehicle at all times. Georgia law does allow proof of insurance via electronic format or paper.

 

What is the Required Minimum Georgia Insurance Coverage?

  • Bodily Injury Liability: $25,000 per person and $50,000 per accident
  • Property Damage Liability: $25,000 per accident

If you are pulled over driving a vehicle that does not have minimum insurance, you can be arrested or cited and charged with violating Georgia’s No Insurance statute under O.C.G.A. 40-6-10.  Georgia law requires that police officers determine if the driver has minimum insurance coverage every time the law enforcement officer stops a vehicle or requests driver’s license. You can be charged under this statute even if you were not the driver so long as you “authorized” someone to drive your vehicle without insurance.

What is the Penalty for Driving with No Insurance in Georgia?

Driving without insurance is a misdemeanor criminal offense that carries minimum fines and the possibility of 12 months in jail, or both. The minimum base fine for No Insurance is $200.00 and the maximum fine is $1,000.00.

Convictions for No Insurance will result in a license suspension.  On a first conviction, it is a 60 day license suspension, with no limited permit available. In order to reinstate after this suspension, you must pay a $210.00 reinstatement fee, show proof of having prepaid for six months of minimum insurance coverage, and maintain that policy for three years. On a second conviction within 5 years, it is a 90 day license suspension, the same prepaid policy requirements as the first, and a higher reinstatement fee of $310.00.

 

No Proof of Insurance in Georgia

 

Failure to keep proof of insurance in the vehicle is a separate charge from having no insurance at all.  If you in fact did have valid insurance at the time of the citation or arrest, the Judge must reduce the fine to $25.00 and not submit your license to be suspended. However, if you simply pay the fine on the No Proof of Insurance ticket, you will still incur the license suspension as if you had no insurance at all.

 

There are numerous defenses and mitigating factors if you or a loved one is charged with No Insurance or No Proof of Insurance in Georgia. Skilled lawyers can use new insurance policies in mitigation to try to have the Court reduce or dismiss the charge and sentence.

 

Paying a ticket on these offenses will result in license suspension, high fines, potential jail, and lengthy probation sentences. If you have been cited or arrested for No Insurance or No Proof of Insurance, call us today for a FREE CONSULTATION at 404-581-0999.

 

CDL & Georgia DUI Law

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Truck drivers possessing a Commercial Driver’s License (CDL) are treated differently than other motorists facing a DUI charge in Georgia. This blog article aims to discuss those differences.

CDL Holders Are Held to a Higher Standard

For the majority of drivers in Georgia,[1] a person may be convicted of DUI if their blood alcohol concentration (BAC) is at 0.08% or more while driving. If a CDL driver, however, is stopped for DUI while operating a commercial vehicle, the legal BAC limit is 0.04%.

Consequences of a Refusal of Chemical Test or DUI Conviction

While you may refuse the State administered test of blood, breath, or urine, CDL drivers face severe consequences for refusing and for being convicted. The driver of a commercial vehicle who is convicted of DUI while operating a commercial vehicle, or who refuses to submit to a chemical test, is disqualified from driving a commercial vehicle for a period of not less than one year. This disqualification is in addition to any license suspension imposed for a DUI conviction.   Because of these harsher punishments, it is critically important you hire a skilled attorney to defend the case.

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

[1] Except for drivers less than 21 years of age and CDL drivers.

License Suspension & Points

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Help! My license is suspended from having too many points.

The State of Georgia will suspend your license if you get too many traffic tickets. In fact, the suspension by the Department of Driver Services is automatic. Most people do not know there license has been suspended for accumulating too many points until it is too late. By simply paying your speeding and other traffic tickets, you are pleading guilty and the points are automatically assessed to your driver’s record. It is important to speak with an attorney to attend the court date whenever you receive a traffic ticket in order to avoid this from happening, and to avoid the points from racking up. If 15 points are put onto your record in a 24 month period, the license suspension is automatic. It is a one year suspension.

More About Points

              Points for traffic tickets range from 1 point to 6 points. For example, texting while driving is 1 point, whereas passing a school bus is 6 points. Speeding varies on the point scale depending on how fast you were going over the speed limit. So if over two years, you are pulled over and you either were convicted in court, or simply paid the fine ahead of time, and the amount of points reached 15 in a two year period, your license will be suspended. This suspension can be anywhere from one year to three years depending on how many times you have received this type of suspension.

A Special Warning

              Be aware that the 15 point limit applies to drivers over the age of 18. If you are under 18, accumulating just FOUR points in a 12 month period will suspend your license. This means that just one speeding ticket could suspend a younger driver’s license, and no permit would be available in that situation. An attorney can help in these situations negotiate something that would not have this affect.   

Am I eligible for a permit of any kind?

YES. If this is the first time in five years you have received this type of license suspension, you are in fact eligible for a limited permit. DDS will issue a limited permit immediately upon receiving a defensive driving course and a $210 reinstatement fee in addition to the $25 permit fee. This limited permit would allow you to drive to work, medical appointments, and other limited circumstances.

              If a points suspension occurs again within another 24 month period, within 5 years of the first one, the suspension is actually a full three years. However, just as in the first case, you can get a limited permit with a defensive driving course and a higher reinstatement fee.

Call us today!

              If you have been given a traffic ticket and want to know the affect it will have on your ability to drive or how your insurance may be affected, call the Peach State Lawyer attorneys and you will have the opportunity to speak with a knowledgeable attorney for a free consultation. 404-581-0999

VIDEO – Effects on a Drivers License of a First DUI Conviction in a Five Year Period in Georgia

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by Ryan Walsh and Scott Smith

We get questions all the time regarding what happens to your Georgia drivers license after a DUI conviction. The Georgia Department of Driver Services looks at Drivers License suspensions for DUI convictions in five year periods from the date the incident occurs.

The information provided in this video blog is for people that hold Georgia drivers licenses. If you do not hold a Georgia drivers license, you will not be eligible for a limited driving permit in Georgia and must serve the full period of suspension before you are eligible for a drivers license in Georgia.

If you have an out of state drivers license, it is important to consult with an attorney licensed to practice in the state you hold your drivers license about the consequences of a DUI on your out of state drivers license. Please remember, if you do not have a Georgia drivers license, you will not have the privilege to drive in Georgia during the suspension period.

If this is your first conviction for an arrest occurring in the past five years, the period of drivers license suspension is 120 days. You will be eligible for a limited driving permit for those 120 days if you have not had a conviction for an offense that suspends your Georgia drivers license in the past five years.

The limited driving permit costs $25 and is valid for one year, even though the period of suspension is only 120 days. To obtain a limited driving permit you must also have a First DUI Conviction Affidavit issued by the Court or a certified copy of your disposition.

A Limited Driving Permit means you can only use your car for the following:

  • Going to your place of employment or performing the normal duties of your job
  • Receiving medical treatment or obtaining prescription drugs
  • Attending college or school if you are regularly enrolled as a student
  • Attending Addiction or Abuse treatment for alcohol or drugs by organizations recognized by DDS
  • Court ordered driver education, driver implement, or alcohol and drug treatment programs
  • Attending court, reporting to a probation office or officer, or performing community service
  • And Transporting an unlicensed immediate family member for work, medical care, or prescriptions, or to school.

After the 120 day period you can reinstate your license if you pay the $210 reinstatement fee and submit an original certificate of completion of a DDS approved DUI Alcohol or Drug Use Risk Reduction Program.

Our attorneys and staff are experts in the field of Georgia DUI. If you have a question in regards to your Georgia drivers license suspension or DUI arrest, please call us immediately at 404-581-0999.Addressing a DUI case early is the key to gathering the necessary evidence to present the best defenses in your case.