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Gerald, Esq
Gerald, Esq, Lawyer
Category: Traffic Law
Satisfied Customers: 2849
Experience:  30 years of experience
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My boyfriend was stopped in Georgia about two months ago,

Customer Question

My boyfriend was stopped in Georgia about two months ago, driving without a license and speeding. Should he plead guilty or not guilty at court? Will he go to jail if he plead not guilty?
Submitted: 5 months ago.
Category: Traffic Law
Expert:  Gerald, Esq replied 5 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The speeding ticket is generally just a fine and the fine depends on how fast he was going. The driving without a license is more serious depending upon whether his license was suspended or he just didn't have it.

Under Georgia law 40-5-20 a driver must have a Valid driver's license. If he just didn't have the license with him it is just a fine.

BUT if his license was suspended and he was driving anyway the penalty is more severe. This is a misdemeanor offense punishable by a mandatory minimum fine of $500.00 fine, 2 days in jail and an additional 6-month suspension of driving privileges. Second offenses within a five-year period are punishable by a mandatory $1000.00 fine, ten days in jail and additional 6-month suspension.

Here is a link to the law:

http://law.justia.com/codes/georgia/2010/title-40/chapter-5/article-6/40-5-121

This does not change if he pleads guilty or not guilty. So he may as well plead NOT Guilty and try to negotiate a reduced charge with the prosecutor. If he is pleading Not Guilty he needs to send in the form mark Not Guilty and pay the indicated fines. He should then contact the prosecutor and negotiate. The clerk of the court can tell him who the prosecutor is.

Even if he makes a deal with the prosecutor he STILL has to go to court on the day of the hearing.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald