Get Caught Driving without a License?

642If you’ve been pulled over for driving without a license or your license has been suspended, you know you’re looking at real trouble ahead. With consequences that range from the serious to the severe, you’re encouraged to meet with Atlanta attorney Erin Gerstenzang.

Attorney Gerstenzang has the highest AVVO rating attainable and has years of experience in cases like yours. She has the experience and knowledge necessary to protect your rights.

A Range of Penalties

First Offense within 5 Years: Even if this is your first offense, you’re looking at more than an Atlanta traffic ticket. If you’re convicted of driving without a valid license, you are facing at least 2 days in jail along with a $500 fine (plus surcharges). If you don’t have a lawyer or hire an inexperienced lawyer, it’s likely that you will also lose your license for six months in addition to your current suspension. Be aware you may also be charged multiple reinstatement fees, and have to take 2 defensive driving classes.

Second Offense: If you have already had a conviction for driving without a valid license, you are facing a minimum of 10 days in jail and an elevated fine ranging from $1000 to $2500. You’ll also receive additional suspension time unless you have the right attorney to defend you.

In Atlanta, you can’t be in the driver’s seat without a license. Contact traffic attorney Erin Gerstenzang today to help you get your license reinstated before you get charged with driving without a license.

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Suspensions

Driving on a suspended license is just as serious as driving without one. There are many reasons the State of Georgia will suspend a driver’s license including a lapse in insurance coverage, missed court date (FTA), failure to pay super speeder fines, conviction of certain traffic offenses, conviction of some drug offenses and many more. It is important to hire an experienced attorney like Erin, who can help you navigate the various suspensions.

If you are not sure about the status of your Georgia license, contact the Department of Driver Services at (678) 413-8500 or (866) 754-3687 (outside Metro Atlanta) or visit the DDS website at www.dds.ga.gov .

Take a quick look below at the statutes that govern license suspensions  from the accumulation of points in Georgia. Please remember there are a number of other offenses that can automatically suspend your license regardless of points (including DUI, Hit and Run).

Point Suspensions O.C.G.A. §40-5-57

The driver’s license of any person who has accumulated 15 or more points, as measured by the offense date, in any consecutive 24-month period shall be suspended. Not just the past 24 months, ANY 24-month period. No points shall be assessed as provided in O.C.G.A. §40-5-57 for any violation committed by a non-resident.

Speeding Points Schedule

O.C.G.A. 40-6-181

Points Schedule Table.001

Other Points Schedule

The following traffic violations may result in 1 point being assessed against your Georgia driver’s license

  • O.C.G.A. 40-6-241.1 Violation of Usage of Wireless Telecommunications Device
  • O.C.G.A. 40-6-241.2 Operating a Vehicle while Text Messaging

The following traffic violations may result in 2 points being assessed against your Georgia driver’s license

  • O.C.G.A. 40-6-248.1 Unsecured Load Resulting in Accident
  • O.C.G.A. 40-6-253 Open Container
  • O.C.G.A. 40-6-254 Unsecured Load Resulting in Accident

The following traffic violations may result in 3 points being assessed against your Georgia driver’s license

  • O.C.G.A. 40-6-2 Failure to Obey Person Directing Traffic
  • O.C.G.A. 40-6-6 Emergency Vehicle Violation
  • O.C.G.A. 40-6-11 No Proof of Insurance-Motorcycle
  • O.C.G.A. 40-6-14 Limits on Sound Volume
  • O.C.G.A. 40-6-16 “Move Over” Violation
  • O.C.G.A. 40-6-17 Use of Traffic-Control Device Preemption Emitter (while operating a motor vehicle)
  • O.C.G.A. 40-6-20 Disregard of Traffic Control Device or Signal
  • O.C.G.A. 40-6-21 Failure to Obey Traffic Signal or Light
  • O.C.G.A. 40-6-23 Failure to Obey Flashing Signal
  • O.C.G.A. 40-6-24 Lane Direction Violation
  • O.C.G.A. 40-6-26(a) Tampering with Traffic Signs or Signals (while operating vehicle)
  • O.C.G.A. 40-6-26(b) Operating Vehicle on Closed Roadway
  • O.C.G.A. 40-6-27 Tampering with Pavement Markers (while operating vehicle)
  • O.C.G.A. 40-6-40 Improper Lane Usage
  • O.C.G.A. 40-6-41 Failure to Yield to Oncoming Traffic
  • O.C.G.A. 40-6-42 Improper Passing
  • O.C.G.A. 40-6-43 Improper Passing on the Right
  • O.C.G.A. 40-6-44 Improper Passing
  • O.C.G.A. 40-6-46 Passing in a No Passing Zone
  • O.C.G.A. 40-6-47(b) Wrong Way on One-Way Road
  • O.C.G.A. 40-6-47(c) Rotary Traffic Island Violation
  • O.C.G.A. 40-6-48 Failure to Maintain Lane
  • O.C.G.A. 40-6-49 Following Too Closely
  • O.C.G.A. 40-6-50 Driving Within Gore or Improper Entry to Controlled Access Highway
  • O.C.G.A. 40-6-51 Improper Use of Controlled-Access Road
  • O.C.G.A. 40-6-52 Truck Lane Usage Violation
  • O.C.G.A. 40-6-53 Bus or Motorcoach Lane Violation
  • O.C.G.A. 40-6-55 Failure to Yield to Bicycle
  • O.C.G.A. 40-6-56 Failure to Maintain Safe Distance from Bicycle
  • O.C.G.A. 40-6-70 Failure to Yield at Intersection
  • O.C.G.A. 40-6-71 Failure to Yield when Turning Left
  • O.C.G.A. 40-6-72 Stop/Yield Sign Violation
  • O.C.G.A. 40-6-73 Failure to Yield when Crossing or Entering Road
  • O.C.G.A. 40-6-74 Failure to Yield to Emergency Vehicle
  • O.C.G.A. 40-6-75 Failure to Yield to Construction Vehicle
  • O.C.G.A. 40-6-76 Failure to Yield to Funeral Procession
  • O.C.G.A. 40-6-91 Failure to Yield to Pedestrian
  • O.C.G.A. 40-6-93 Failure to Exercise Due Care Near Pedestrian
  • O.C.G.A. 40-6-94 Failure to Yield to Blind Pedestrian
  • O.C.G.A. 40-6-98 Driving Through Safety Zone
  • O.C.G.A. 40-6-120 Improper Turning
  • O.C.G.A. 40-6-121 Improper U-Turn
  • O.C.G.A. 40-6-122 Improper Starting
  • O.C.G.A. 40-6-123 Failure to Signal Turn
  • O.C.G.A. 40-6-124 Improper Use of Signal
  • O.C.G.A. 40-6-125 Improper Use of Hand Signal
  • O.C.G.A. 40-6-126 Improper Use of Turn Lane
  • O.C.G.A. 40-6-140 Railroad Grade Crossing Violation
  • O.C.G.A. 40-6-141 Disregard of Stop Sign at Railroad Grade Crossing
  • O.C.G.A. 40-6-142 Failure to Stop at Railroad Grade Crossing
  • O.C.G.A. 40-6-143 Improper Movement of Heavy Equipment at Railroad Grade Crossing
  • O.C.G.A. 40-6-144 Improper Emerging from Alley, Driveway or Building
  • O.C.G.A. 40-6-160 School Bus Speeding Violation
  • O.C.G.A. 40-6-161 School Bus Headlight or Communication Device Violation
  • O.C.G.A. 40-6-162 School Bus Signal Violation
  • O.C.G.A. 40-6-164 School Bus Disembarking Violation
  • O.C.G.A. 40-6-165 School Bus Operation Violation
  • O.C.G.A. 40-6-184 Impeding the Flow of Traffic
  • O.C.G.A. 40-6-205 Obstructing an Intersection
  • O.C.G.A. 40-6-240 Improper Backing
  • O.C.G.A. 40-6-241 Failure to Exercise Due Care
  • O.C.G.A. 40-6-242 Driving with Obstructed View
  • O.C.G.A. 40-6-244 Allowing Passenger in House Trailer
  • O.C.G.A. 40-6-245 Improper Mountain/Canyon Driving
  • O.C.G.A. 40-6-246 Coasting
  • O.C.G.A. 40-6-247 Improper Following of Emergency Vehicle
  • O.C.G.A. 40-6-248 Crossing Fire Hose
  • O.C.G.A. 40-6-248.1 Unsecured Load Resulting in Accident
  • O.C.G.A. 40-6-250 Wearing Device Impairing Vision or Hearing
  • O.C.G.A. 40-6-251 Laying Drags
  • O.C.G.A. 40-6-252 Cruising
  • O.C.G.A. 40-6-253.1 Improper Transportation of Infectious Substance
  • O.C.G.A. 40-6-254 Unsecured Load Resulting in Accident
  • O.C.G.A. 40-6-271 Violation of Duty Upon Striking Unattended Vehicle
  • O.C.G.A. 40-6-272 Violation of Duty Upon Striking Fixed Object
  • O.C.G.A. 40-6-273 Failure to Report Accident
  • O.C.G.A. 40-6-275 Failure to Remove Vehicle From Roadway
  • O.C.G.A. 40-6-311 Improper Operation of Motorcycle
  • O.C.G.A. 40-6-312 Motorcycle Lane Violation
  • O.C.G.A. 40-6-312(e) Operation of Motorcycle Without Head/Tail Light
  • O.C.G.A. 40-6-313 Clinging to Vehicle While on Motorcycle
  • O.C.G.A. 40-6-314 Motorcycle Equipment Violation
  • O.C.G.A. 40-6-315 Motorcycle Protective Gear Violation
  • O.C.G.A. 40-6-326 Operating Personal Assistive Mobility Device While Intoxicated
  • O.C.G.A. 40-6-352 Moped Headgear Violation
  • O.C.G.A. 40-6-361 Low Speed Vehicle Lane Violation
  • O.C.G.A. 40-6-362 Low Speed Vehicle Roadway Violation
  • O.C.G.A. 40-6-393.1(c) Feticide by Vehicle-2nd Degree

The following traffic violations may result in 4 points being assessed against your Georgia driver’s license

The following traffic violations may result in 6 points being assessed against your Georgia driver’s license

The following is a list of offenses for which the Georgia Department of Driver Services will suspend one’s license or driving privileges, upon being informed of a conviction by a court (suspension authority indicated in parentheses):

§40-6-393 Homicide by Vehicle (1st and 2nd Degree) (§§40-5-54, 40-5-63)
§40-6-270 Hit-and-run or Leaving the Scene of an Accident (§§40-5-54, 40-5-63)
$40-6-394 Serious Injury by Vehicle (§§40-5-54, 40-5-63)
$40-6-393.1 Feticide by Vehicle (1st Degree) (§§40-5-54, 40-5-63)
§40-5-120 Fraudulent or Fictitious Use of or application for a license or ID card (§§40-5-54, 40-5-63)
§40-5-125 Fraudulent or Fictitious Use of or application for a license or ID card (§§40-5-54, 40-5-63)
§40-6-15 Operating a motor vehicle with a revoked, cancelled, or suspended registration (§§40-5-54, 40-5-63)
§40-6-186 Racing on Highways or Streets (§§40-5-54, 40-5-63)
§40-6-395 Using a motor vehicle in fleeing or attempting to elude an officer (§§40-5-54,
40-5-63)
§40-6-391 Driving under the Influence/DUI – Child Endangerment (§40-5-63)
§40-6-255 Failure to Pay for Gasoline (§40-5-57.2)
§40-6-10 No Insurance/Failure to Show Proof of Insurance (§40-5-70)
§40-5-121 Driving While License Suspended or Revoked (§40-5-121)
§32-6-30 Refusal to Weigh (§32-6-30)
§40-5-30 Violation of License Restriction (not mandatory, at the discretion of the court)

  • Any violation of the Georgia Controlled Substance Act (Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated) (§40-5-75)
  • Any felony in the commission of which a motor vehicle is used (§§40-5-54, 40-5-63)
  • Any felony forgery conviction if related to an identification document (§40-5-54)
  • Accumulation of fifteen (15) or more points in any consecutive 24 month period )§40-5-57)

For persons under the age of 21, any of the above convictions AND:
§3-3-23(a)(2)) Purchasing an alcoholic beverage by a person under 21 years of age (§40-5-57.1)
§3-3-23(a)(2) Attempt to purchase alcohol by an underage person (§40-5-63(e))
§3-3-23(a)(2) Possession of alcohol by a minor while operating a vehicle (§40-5-63(e))
§3-3-23(a)(3) Misrepresenting age for the purpose of illegally obtaining an alcoholic beverage (§40-5-57.1)
§3-3-23(a)(5) Misrepresenting identity or using false identification for the purpose of purchasing or obtaining any alcoholic beverage (§40-5-57.1)

For persons under the age of 21 who are Georgia residents, any of the above convictions AND:
§40-6-397 Aggressive Driving (§40-5-57.1)
§40-6-45(a)(1) Improper Passing on a hill or curve (§40-5-57.1)
§40-6-163 Unlawful passing of a school bus (§40-5-57.1)
§40-6-181 Exceeding the speed limit by 24 mph or more (§40-5-57.1)

For persons under the age of 18 who are Georgia residents, any of the above convictions AND
§40-5-57.1 Accumulation of four (4) or more points in any consecutive twelve (12) month period (§40-5-57.1)

If you suspect your driver’s license is suspended, you may contact the Department of Driver Services at (678) 413-8500 or (866) 754-3687 (outside Metro Atlanta) or visit the DDS website at www.dds.ga.gov .

If you’ve been caught driving on a suspended license or driving without a license in Atlanta, contact us today for help.