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If charged with violating ga code 40-5-121 , can the charge be dropped if a valid license is produced in court per ga 40-5-20

Marietta, GA |

License suspension was the result of administrative supsension for a failure to appear on traffic ticket. I have cleared up the failure to appear and paid the fine . After arrest 10/8 the license was reinstated by paying fine on 10/9/2013 .Charge is with Cobb County court of Georgia

Attorney Answers 4


  1. Best answer

    40-5-29 or if such person produces in court a valid driver's license issued by this state to such person, he or she shall not be guilty of such offenses..

    Just show it in open court.

    Law Firm of W. Travis Towe. Mr. Towe is a DUI / criminal defense attorney and practices in several metro-Atlanta counties, including: Fulton, DeKalb, Clayton, Cobb, Gwinnett, Fayette, Henry, Hall, Forsyth, and Douglas Counties. All information provided is based on Georgia law and federal law, where applicable, and is not necessarily directly applicable to any other jurisdictions, states, or districts. This response is not legal advice and does not create an attorney/client relationship. Rather, this response is in the form of legal education and is intended to provide general information. Any specific concerns should be directed to an attorney who is licensed to practice law in your respective jurisdiction.


  2. Speak with the solicitor or DA. Being arrested for a suspended license while having a suspended license changes the situation. Paying the fine won't correct the second violation. In fact, you may have a secondary suspension on your record. You really need to consult a lawyer.


  3. They are no longer required to reduce the charge anymore when you present with a valid license, but they usually do. If they give you a hard time about it reset your case, hire a lawyer, go back to court, and let your lawyer take care of it.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.