Suspended License in Georgia Penalty

Driving from one place to the other is a necessity in the modern-day world. However, many risks are involved, which leads to the introduction of various measures to bring about sanity among the road users. Suspension of driving licenses of some road users is one of the most popular ways of ensuring safety on the roads.

Some of the Reasons that could lead to the Suspension of a Driving License in Georgia

I. Illegal racing

II. Commission of felony involving a motor vehicleiii. Use fraud in the application process of a driving license

IV. Civil issues (such as failure to comply with child support obligation) according to Georgia Code § 40-5-54.1 (b).

V. A history of reckless driving according to Georgia Code § 40-5-57

VI. Receipt of a conviction (of specified offenses) in another state, pursuant to Georgia Code § 40-5-52 (a). See the case of Wolfe v. Georgia Department of Driver Services N. A14A2286


Nevertheless, even after having their licenses suspended, some people are still arrested operating a motor vehicle, which is a crime. The penalty preferred for driving with a suspended license in Georgia depends on someone’s offending history. 


Penalties, According to Georgia Code § 40-5-121 (a)

I. First time offending is a misdemeanor attracting a sentence that involves between 2 days and 12 months behind bars and a fine ranging from $500 to $1000.ii. Second and third offenses committed within a period of 5 years may attract a ‘high and aggravated misdemeanor’ charge leading to a sentence involving between 10 days and 12 months behind bars and a fine ranging from $1000 to $2500. iii. Fourth and subsequent convictions within a period of 5 years may attract a felony charge leading to a sentence involving 1 and 5 years behind bars and a fine ranging from $2500 to $5000. 

It is important to note that in addition to the penalties above, the suspension period may be extended by up to 6 months after one is arrested for driving with a suspended license (Justia, n.d.). Also, the penalty preferred depends on an individual’s situation that made him or her drive with a suspended license. 


Options Available to Persons with a Suspended Driving License

One of the options available to persons who have had their driver’s license suspended is the application of a limited driving permit at a fee. A limited driving permit allows someone whose license has been suspended the privilege to operate a motor vehicle despite the suspension. However, the permit restricts the places that one is allowed to drive and the purposes. For instance, one can apply for it if he or she needs to drive to work, hospital, and college among others. Some other restrictions include the routes one may use, the time or travel, and the type of vehicle one may operate among other necessary restrictions. It is important to note that offending history is a determinant of whether one would be eligible for the permit.  

The other option is to wait until the expiration of the suspension period for the reinstatement of the license. During this time, one should avoid any situations that may lead to the extension of the suspension period. 


References:

Justia. (n.d.). 2010 Georgia code :: Title 40 - Motor vehicles and traffic :: Chapter 5 - Drivers' licenses :: Article 6 - Miscellaneous offenses and jurisdiction of offenses :: § 40-5-121 - Driving while license suspended or revoked. JustiaLaw. https://law.justia.com/codes/georgia/2010/title-40/chapter-5/article-6/40-5-121

man handing over driver's license