2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 5 - Drivers' Licenses
Article 6 - Miscellaneous Offenses and Jurisdiction of Offenses
§ 40-5-120. Unlawful Use of License or Identification Card; Penalties for Violations of Chapter Generally

It is a misdemeanor for any person to:

1. Display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or suspended driver's license or personal identification card issued pursuant to Code Section 40-5-100;
2. Fail or refuse to surrender to the department upon lawful demand any driver's license or personal identification card issued pursuant to Code Section 40-5-100 which has been suspended, revoked, disqualified, or canceled;
3. Permit any unlawful use of a driver's license or personal identification card issued pursuant to Code Section 40-5-100 issued to such person;
4. Do any act forbidden or fail to perform any act required by this chapter for which a criminal sanction is not provided elsewhere in this chapter; or
5. Scan another person's driver's license, permit, or identification card without the person's prior knowledge and consent. If a person consents to the scanning of his or her driver's license, permit, or identification card, the information collected may be stored and used for any legitimate purpose. Each unlawful act of storage, disclosure, or usage in violation of this paragraph shall be considered a separate violation of this Code section. This prohibition shall not apply to law enforcement officers or any governmental entity that scans a driver's license, permit, or identification card to verify the contents thereof or to gather information for use for any governmental purpose.

(Code 1933, § 68B-401, enacted by Ga. L. 1975, p. 1008, § 1; Ga. L. 1989, p. 519, § 14; Ga. L. 1990, p. 2048, § 4; Ga. L. 1995, p. 920, § 5; Ga. L. 2010, p. 932, § 20/HB 396.)

- Suspension of driver's license for conviction for fraudulent or fictitious use of license, § 40-5-54.

Use of false name or making false statement in application, § 40-5-125.

JUDICIAL DECISIONS

Punishment for failure to carry license.

- Legislative intent in reducing the punishment for failure of a licensee to have the licensee's driver's license in the licensee's possession when operating a vehicle to a fine of ten dollars precluded imposition of a sentence to a consecutive 12 months' probation. Crain v. State, 197 Ga. App. 729, 399 S.E.2d 289 (1990).

- Paragraph (7) (now paragraph (4)) of O.C.G.A. § 40-5-120 makes driving with an expired driver's license (O.C.G.A. § 40-5-20(a)) a misdemeanor; and since misdemeanors may be punished by a fine as high as $1,000, a fine of $35.00 is clearly within the statutory limits and not subject to review. Littlejohn v. State, 165 Ga. App. 562, 301 S.E.2d 917 (1983).

- If an officer stops a vehicle in the good faith belief that a traffic violation has been committed, the officer's ultimate failure to issue a traffic citation will not preclude the traffic offense from evincing the reasonable suspicion which served to justify the officer's initial stop of the vehicle. Once a stop is effected, a defendant is subject to custodial arrest for operating a motor vehicle without a valid driver's license. State v. Chambers, 194 Ga. App. 609, 391 S.E.2d 657 (1990).

Cited in Cabral v. White, 181 Ga. App. 816, 354 S.E.2d 162 (1987).

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Any misdemeanor offenses arising under paragraph (5) of O.C.G.A. § 40-5-120 are offenses for which those charged are to be fingerprinted. 2010 Op. Att'y Gen. No. 10-6.

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 258 et seq.