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Habitual Violator Status
What it is and why it matters
Being declared a “habitual violator” can have ruinous consequences and long-term effects on your ability to work and drive in Georgia. The habitual violator label is not an independent crime, but rather a status that occurs when convicted of certain traffic offenses. When someone is declared to be a habitual violator, it results in an immediate five-year license suspension and can go onto their criminal record. It can even lead to felony charges and prison time.
- How Habitual Violator Convictions are Measured: Convictions arising from a single incident or separate incidents of certain violations within a five-year period will count towards habitual violator status. This is measured from the dates of arrest (not the dates of conviction).
- Violations that Count Towards Habitual Violator Status:
- Homicide by Vehicle (1stDegree)
- Homicide by Vehicle (2nd Degree)
- Any felony in the commission of which a motor vehicle is used
- Hit & Run
- Racing on Highways or Streets
- Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer
- Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration
- DUI & Child Endangerment
- Feticide by Vehicle (1st Degree)
- Serious Injury by Vehicle
- Length of Habitual Violator Suspension: Upon being declared a habitual violator, an immediate five-year suspension will be imposed.
- Exceptions to License Suspension: In some situations, habitual violators can obtain a limited driving permit, but only after the first two-year suspension. This is not available in every situation – for example, if someone is convicted of or pleads nolo/no contest to any moving traffic offense in the two years prior to applying for the limited permit they may be ineligible.
- Driving After Being Declared a Habitual Violator: If someone is caught driving after being declared a habitual violator without a permit, Georgia treats it as a felony. The minimum punishment for driving while being declared a habitual violator is a minimum fine of $750 and one to five years in prison, or both.
Being declared a habitual violator is one of the most serious traffic and license issues you can encounter in Georgia. Given the possible consequences of this, it is imperative that you contact a traffic ticket lawyer immediately before it’s too late, and never pay a ticket without first consulting an attorney. Consultations are always free, reach out to us today to see how we can help.
