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Driving Without a License vs. Driving Without a License on Person: What’s the Difference?

Driving Without a License vs. Driving Without a License on Person: What’s the Difference?

It is no secret that you need a driver’s license to operate a motor vehicle on the roadway in Georgia. Driving without a license can carry some serious penalties, but the penalties are not as severe if you simply don’t have your license on your person. 

Keep reading below to learn more about the differences between these two infractions.

Overview of Georgia’s Driver’s License Laws

Georgia law requires all motor vehicle drivers in the state to have a valid driver’s license. Additionally, all Georgia residents who drive a vehicle must obtain a Georgia driver’s license within 30 days of becoming a resident. You can face some serious penalties for driving without the proper license.

Not only must you have a driver’s license, but Georgia also requires drivers to carry their physical license with them when operating a vehicle. Law enforcement will ask for your license during a traffic stop, and not having your license on your person could create some issues.

Common Reasons for Driving Without a License

Drivers who are stopped in Georgia must present their physical driver’s license to the law enforcement officer upon request. 

There are several reasons why a driver might not have a license, such as:

  • The driver never obtained a valid driver’s license
  • The license is suspended or revoked
  • The driver simply does not carry the license on their person
  • The license is expired

Remember that none of these are valid excuses for not having your driver’s license. However, some of these reasons carry more severe penalties than others.

Potential Penalties for Driving Without a License in Georgia

Driving without being properly licensed in Georgia can lead to serious penalties. Georgia law distinguishes this offense from simply forgetting to carry a valid license. The penalties can also become more severe for repeat convictions within a five-year period.

Potential penalties for driving without being properly licensed include:

  • First conviction: A misdemeanor punishable by two days to 12 months in jail and a possible fine of $500 to $1,000
  • Second or third conviction within five years: A high and aggravated misdemeanor punishable by 10 days to 12 months in jail and a possible fine of $1,000 to $2,500
  • Fourth or subsequent conviction within five years: A felony punishable by one to five years in prison and a possible fine of $2,500 to $5,000

Different rules apply when a person has a valid driver’s license but simply does not have it in their possession. Driving with a suspended or revoked license can also have additional consequences, including further license suspension. The exact penalties depend on the driver’s circumstances and prior convictions.

Potential Penalties for Driving Without a License on Person

Believe it or not, you could be given a citation for driving without your license on your person. However, the fine is only $10 if you are able to prove that you had a valid license at the time of your citation. The law enforcement officer has broad discretion whether to issue you a citation for this, and in many cases they do not.

If the officer can successfully verify that you have a valid license, you may get off with just a warning. If they are unable to verify your information, you may be subject to additional questioning until they can verify your identity.

What to Do After an Accident With an Unlicensed Driver

An unlicensed driver is not automatically at fault for a car accident. Liability generally depends on how the crash occurred and whether a driver’s negligence contributed to it. Evidence such as police reports, photos, videos, and witness statements can help establish fault.

If an unlicensed driver caused your accident, you may be able to pursue compensation for medical expenses, lost income, non-economic damages, and other losses. A personal injury lawyer can investigate available insurance coverage, gather evidence, and negotiate with the insurance company on your behalf.

Contact the Kennesaw Car Accident Attorneys at Starks Byron, P.C. for Help Today

A collision with an unlicensed driver can raise questions about fault, insurance coverage, and how to recover compensation. Starks Byron, P.C. helps injured people investigate accidents, identify potential sources of compensation, and pursue claims against responsible parties.

Our team has 30 years of combined experience representing accident victims. We can review the evidence surrounding your crash, deal with insurance companies, and help you understand your legal options.

For more information, don’t hesitate to contact our team at Starks Byron, P.C. to schedule a free consultation in Kennesaw, GA today.

We proudly serve Cobb County and its surrounding areas:

Starks Byron, P.C.
1275 Shiloh Rd NW Ste 2710, Kennesaw, GA 30144
(404) 795 5115

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