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  1. #1
    Join Date
    Dec 2009
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    Default Misdemeanor Level for Driving While License Suspended or Revoked

    Back when i lived in georgia in 2006 i was arrested for driving while license suspended (guilty), no insurance (nolo), use of tags to misrepresent (warning). due to leaving to the military 2 weeks after my court date, and community service prior to court. pretty much all i had to do was pay some fines and that was it. no addition suspension time, and no more jail other than the night i was in before getting bailed.

    what im trying to figure out is what level misdemeanor this is? i didnt even know i had a misdemeanor until now, im in texas and applied for a concealed handgun license and received a letter requesting info about my arrest for the driving while license suspended, got that info to them. then later on i get a latter stating i was denied for having a class A misdemeanor (along with not stating material facts on original application). everywhere i have looked for georgia does not state the level misdemeanor this is, in texas all its a class C for the first offense. which would still allow me to have a CHL. im not sure if its a combination of these charges making it a class A or if they made a mistake. my license was originally suspended for going 115 in a 65. all i got for that was a speeding ticket, not even a reckless ticket with it.

    so what im trying to figure out is if they are incorrect and it really is a class C, or if a combination of tickets that came with it, and previous tickets could have made it a class A. the info i got below was found on the net so im not sure how correct or up to date it is, but if anyone can help let me know!


    georgia code 40-5-121.
    (a) Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be punished by imprisonment for not less than two days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00. For the second or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00.
    (b)(1) The charge of driving with a suspended or disqualified license shall not be made where the suspension is a result of a failure to respond under Code Section 40-5-56 or an insurance cancellation unless the arresting officer has verified a service date and such date is placed on the uniform citation. If the suspension or disqualification is verified and the driver possesses a driver´s license, the license shall be confiscated and mailed to the department. If the suspension or disqualification is not verified, the arresting officer shall serve the driver and attach the driver´s license, if available, to the copy of service and send it to the department.
    (2) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, shall extend the period of suspension or disqualification for six months. The court shall be required to confiscate the license, if applicable, and attach it to the uniform citation and forward it to the department within ten days of conviction. The period of suspension or disqualification provided for in this Code section shall begin on the date the person is convicted of violating this Code section.
    (c) For purposes of pleading nolo contendere, only one nolo contendere plea will be accepted to a charge of driving with suspended or disqualified license within a five-year period as measured from date of arrest to date of arrest. All other nolo contendere pleas in this period will be considered convictions. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. There shall be no limited driving permit available for a suspension or disqualification under this Code section.
    (d) Notwithstanding the limits set forth in Code Section 40-5-124 and in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishment provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.



    TEXAS Sec. 521.457. DRIVING WHILE LICENSE INVALID. (a) A person commits an offense if the person operates a motor vehicle on a highway:
    (1) after the person's driver's license has been canceled under this chapter if the person does not have a license that was subsequently issued under this chapter;
    (2) during a period that the person's driver's license or privilege is suspended or revoked under any law of this state;
    (3) while the person's driver's license is expired if the license expired during a period of suspension; or
    (4) after renewal of the person's driver's license has been denied under any law of this state, if the person does not have a driver's license subsequently issued under this chapter.
    (b) A person commits an offense if the person is the subject of an order issued under any law of this state that prohibits the person from obtaining a driver's license and the person operates a motor vehicle on a highway.
    (c) It is not a defense to prosecution under this section that the person did not receive actual notice of a suspension imposed as a result of a conviction for an offense under Section 521.341.
    (d) Except as provided by Subsection (c), it is an affirmative defense to prosecution of an offense, other than an offense under Section 521.341, that the person did not receive actual notice of a cancellation, suspension, revocation, or prohibition order relating to the person's license. For purposes of this section, actual notice is presumed if the notice was mailed in accordance with law.
    (e) Except as provided by Subsections (f) and (f-1), an offense under this section is a Class C misdemeanor.
    (f) If it is shown on the trial of an offense under this section that the person has previously been convicted of an offense under this section or an offense under Section 601.371(a), as that law existed before September 1, 2003, the offense is a Class B misdemeanor.
    (f-1) If it is shown on the trial of an offense under this section that the license of the person has previously been suspended as the result of an offense involving the operation of a motor vehicle while intoxicated, the offense is a Class B misdemeanor.
    (g) For purposes of this section, a conviction for an offense that involves operation of a motor vehicle after August 31, 1987, is a final conviction, regardless of whether the sentence for the conviction is probated.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.98(a), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1207, Sec. 6, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 855, Sec. 1, eff. Sept. 1, 2003.
    Amended by:
    Acts 2007, 80th Leg., R.S., Ch. 1027, Sec. 8, eff. September 1, 2007.

  2. #2
    Join Date
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    Default Re: Misdemeanor Level for Driving While License Suspended or Revoked

    I suspect that Texas is classifying the misdemeanors as Class A misdemeanors because the maximum penalty is up to 1 year in jail. Both the charges you identify, 40-5-121 and presumably 40-6-10 (driving without insurance), are punishable by up to one year; Texas Class A misdemeanors are similarly punishable by not more than one year in jail.

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