Driving Without a License Attorney

Driving without a license in Georgia is a VERY serious criminal offense. It is often times punished more harshly than a DUI conviction in Georgia. The statute is covered under O.C.G.A. 40-5-20; Driving Without a License, and is punishable the same way Driving While License Suspended is under O.C.G.A. 40-5-121.

The penalty under Georgia law reads as follows:
40-5-121. Driving while license suspended or revoked / Driving While Unlicensed

(a) Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state without being licensed as required by subsection (a) of Code Section 40-5-20 or at a time when his or her privilege to so drive is suspended, disqualified, or revoked shall be guilty of:

1st Offense: a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall be fingerprinted and shall be punished by imprisonment for not less than 2 days in jail nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00. Such fingerprints, taken upon conviction, shall be forwarded to the Georgia Crime Information Center where an identification number shall be assigned to the individual for the purpose of tracking any future violations by the same offender.

2nd and 3rd Offense: For the second and third conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00.

4th Offense: For the fourth or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years, and there may be imposed in addition thereto a fine of not less than $2,500.00 nor more than $5,000.00.

It is this firm’s belief that these laws are nothing more than neo Jim Crow laws designed by some members of the Georgia legislator in order to have illegal immigrants deported. This no license charge carries a minimum 2 day jail sentence. What better way to incarcerate immigrants for the purposes of deportation, then assess a 2 day jail sentence, so by the time they are eligible for release they get an immigration or I.C.E. hold and then get deported back to their home country. Georgia also makes it illegal for undocumented immigrants to obtain a driver’s license.

The best thing for anyone accused of Driving Without a License to do is to go obtain a valid license as soon as possible. Sometimes even though Georgia might deny a person the ability to obtain a license, there are other States that allow illegal immigrants to get as license. Therefore, if a client of our firm moved or relocated to this other state, and then obtained a valid license, that could have a very positive affect on their case.

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Contact the Atlanta Ticket Lawyers today by calling 404-618-0960, emailing info@atlanta-ticket-lawyer.com, or by using this website’s ATLANTA TICKET LAWYER form.