If my son’s driver’s license was mistakenly suspended due to a clerical error, can he legally drive until the court date for his “driving on a suspended license” ticket?

Much to his surprise, he was arrested during a routine traffic stop for driving on a suspended license. They took his license. The county that made the clerical error has sent a correction and the original suspension should be removed from his record in 24-48 hours. DDS says he can then come down and get a new license.

Asked on August 4, 2014 under Criminal Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I would not take the chance.  Even if you carry the paperwork with you that explains the error and shows the correction he does not have the physical license, which a driver is required to carry on them.  While he would probably only get a ticket for failure to carry the license again - unless they run his name and address and it still says suspended - why take the chance? 

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