O.C.G.A.

O.C.G.A. § 40-9-8 (2019)

Operating vehicle during suspension of driver’s license or operating privilege

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Any person whose driver’s license or nonresident’s operating privilege has been suspended under this chapter and who, during such suspension, drives any motor vehicle upon any highway, except where permitted under this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than five days nor more than six months and there may be imposed in addition thereto a fine of not more than $500.00.

History

(Ga. L. 1951, p. 565, § 14; Ga. L. 1969, p. 819, § 5; Code 1933, § 68C-704, enacted by Ga. L. 1977, p. 1014, § 1; Ga. L. 2005, p. 334, § 20-1/HB 501.)

Notes of Decisions

Cited in 2 cases, 1994–1996 · leading case: Farmer v. State, 474 S.E.2d 760 (Ga. Ct. App. 1996).

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Farmer v. State, 474 S.E.2d 760 (Ga. Ct. App. 1996). · cites it 2× “” Even were we to assume that Dukes’s testimony constitutes proof that Farmer received actual notice of the suspension under the Safety Responsibility Act, Farmer was not charged under OCGA § 40-9-8 with operating a vehicle during a license suspension under the Motor Vehicle…”

State v. Peters, 440 S.E.2d 515 (Ga. Ct. App. 1994). · cites it 2× “10 grams or more, OCGA § 40-6-391 (a) (4), and driving with a suspended license, OCGA § 40-9-8. He filed the pre-trial motion to exclude the results of a state-administered intoximeter test, on the ground that he was not properly advised of the law of implied consent, OCGA §…”

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