Stone Mountain, GA asked in Personal Injury for Georgia

Q: I was detained for driving without a license . I was driving because my friend was tired ,what should I plead ?

I have court in a few weeks and just need to know if I can go to jail for this . I live in GA

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered

A: If you have a licence plead not guilty. You can try bringing your friend, pleading not guilty because of emergency circumstances, but as your friend could have pulled over for a nap, a court may not buy it. Generally no jail time at all--it's a non-criminal traffic case. You say you were "detained," though which indicates you had some other charge? Talk to a lawyer in the county where you will have the court date to see if what you are charged with is anything but a driving without a license. If that's all it is you normally wouldn't be looking at time.

Michael D. Barber Jr.
Michael D. Barber Jr.
PREMIUM
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: If you received a citation for 40-5-29 generally that does not require jail time. If its 40-5-20 (suspended license) that you were charged under there is a minimum of 2 days in jail required by the statute. BIG difference between the two which is why information about your case is important.

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