Driving without a license in North Carolina is a serious criminal offense in North Carolina. A violation of this law can result in fines or even jail time, depending on the situation, for those caught in the act.
That’s why it is necessary to contact a criminal defense lawyer to avoid any trouble because an experienced attorney knows the laws and how it works and lets you get a pleasant, viable outcome for your case.
So the question may pop up in your mind:
Driving without a license in North Carolina (NC): What Happens Next?
The answer is that there are some severe penalties that you would face. These penalties for driving without a license depend on the circumstances of the offense and can range from a simple traffic ticket to a more serious charge that carries jail time.
So driving without a license in Shelby or any other area throughout North California is an illegal activity, whether it may happen intentionally or unintentionally.
In What Ways, You Can Be Guilty of Driving Without a License in NC?
7 most effective ways
In North Carolina, you must carry your driving license along with you whenever a motor vehicle you are operating with. In fact, there are seven ways to find out if you are driving without a license, but the traffic attorney will determine which one fits your case:
- No license issued
- Driving with an expired or suspended license
- By never having had a license from another state
- By not surrendering your out-of-state license when you become a North Carolina resident
- Driver’s license revoked or suspended
- By failing to renew your license
- By being a habitual traffic offender
Driving without a license in North Carolina is a serious offense. The penalties for driving without a license include fines and jail time. So contact an experienced criminal defense lawyer as soon as possible.
What Are The Penalties For Driving Without A License In North Carolina?
Generally, the penalties you would face in case of license violations depend on the type of crime you have committed. An infraction, not a class 2 or class 3 misdemeanor, would only result in fines instead of potential penalties. In North Carolina, there are three different types of charges:
Class 3 Misdemeanor
This is the lowest level of a misdemeanor in North Carolina. A class 3 misdemeanor is punishable by a fine of up to 200 dollars. The following are misdemeanors in class 3:
- Driving without ever obtaining a driving license
- Driving while not complying with driving license restrictions
- Allowing an unlicensed person to operate your vehicle
Class 2 Misdemeanor
A class 2 misdemeanor is more serious than a class 3 misdemeanor and is punishable by a fine of up to 500 dollars and up to 60 days in jail. The following are misdemeanors in class 2:
- Driving with a revoked license
- driving with a suspended license
- Intentionally using a fake driving license
Class 1 Misdemeanor
A class 1 misdemeanor is the most serious charge for not following driving license rules and regulations. Driving without a license and having a suspended license may result in a class 1 misdemeanor.
A conviction may face jail time up to 120 days and a fine decided by the judge in whatever amount. The General issue date is :
- A driver has been convicted of driving without a license within the past 3 years.
- Driving with an invalid license, such as a suspended, revoked, or canceled license
Why Do You Subject to “No Operating License” Infraction (NOL)?
In legal terms, the offense of driving without a license is an infraction known as “No Operating License” (NOL).
You may be subject to an NOL ticket if you are caught
- Driving without your driving license in your possession
- Driving with an expired license
- You had never applied for the issuance of a valid license
Driving with a revoked license is an even more serious charge, and you may face even harsher punishments. This offense is known as ‘Driving while license revoked (DWLR).
Consequences Of An NOL Ticket
An NOL ticket is a civil offense punishable by a fine of up to two hundred dollars. In addition, if you are found guilty of an NOL infraction, your vehicle may be impounded for up to 30 days.
The North Carolina Department of Transportation (NC DOT) is the agency that has been set up to issue all types of driver’s licenses in the state.
What Can Be The Types Of Punishments For No Operating License Infractions?
- Community Punishment. (For Driving Without License In North Carolina)
Depending on the severity of the offense, not having a valid driver’s license can result in community punishment. A community punishment is a criminal sentence requiring an offender to complete unpaid work in the community instead of prison.
The court will decide the type and amount of work that must be completed within a certain period. Still, if the offender fails to comply with the community punishment, they may be sent to prison.
Sometimes, a community punishment can include a fine or a driver’s education course attendance. No matter the specific community punishment, it is important to note that it is designed to rehabilitate offenders and help them avoid future offenses.
- Intermediate Punishment.
Intermediate punishment is a type of sentencing harsher than a community punishment but not as severe as a prison sentence. Offenders sentenced to intermediate punishment may be required to complete a drug or alcohol treatment program, attend counseling, or perform community service. They may also be subject to random drug testing and curfews. If an offender fails to comply with the requirements of their intermediate punishment, they may be sent to prison.
- Active Punishment.
Active punishment is the most severe type of sentence that can be imposed for driving without a valid license. An active punishment, such as a prison sentence, is typically reserved for offenders who have committed more serious offenses or failed to comply with the terms of their community or intermediate punishment.
The length of the prison sentence will depend on the severity of the offense and the offender’s criminal history.
What Suffering Can A Violator Face From Driving Without A License In North Carolina?
Here is the list of that a driver may suffer from driving without a license in NC.
➔ A First-time offender will have to pay a fine of between two hundred fifty dollars ($250) to five hundred dollars ($500).
- The offender’s vehicle may be impounded for up to 30 days.
- The offender may have their license suspended for up to one year.
- The offender may be required to complete a mandatory
- The offender may have to perform community service.
- The offender may be placed on probation.
- The offender may have to attend driving school.
- The offender’s license may be suspended.
- The offender may be required to install an ignition interlock device on their vehicle.
What Are Possible Defenses Of A No Operator’s License Charge? (For Driving Without A License In North Carolina)
1. You Were Unaware Your License Was Suspended
If you were pulled over and charged with driving without a valid license, there are a few defenses your attorney can raise on your behalf. One is that you were unaware that your license was suspended. This defense is often used when the suspension resulted from an administrative error, such as failing to pay a traffic ticket. If you can show that you had no way of knowing your license was suspended, the charges against you may be dropped.
2. Your License Should Have Never Been Suspended
Another defense of the operators’ license charge is that your license should never have been suspended in the first place. This can happen if the reason for your suspension was based on inaccurate information or if the suspension was imposed without due process. If your attorney can show that your license suspension was unjust, the charges against you may be dropped.
3. You Took Action to Correct the Suspension
If you took steps to correct the reason for your license suspension before you were pulled over, this could also be used as a defense. For example, if you paid the outstanding traffic ticket that led to your license suspension, you can show the court that you took action to rectify the situation.
4. There Were Mitigating Circumstances
Another defense is that you only drove a short distance. This defense is typically used when the defendant must drive to a nearby store or get to work. You may be able to argue that the distance you drove was not far enough to warrant a charge of driving without a valid license. Finally, you may be able to argue that you had a valid license from another state. If you recently moved to Texas and have a valid out-of-state driver’s license, you may be able to use this defense to avoid a conviction.
When To Retain North Carolina Criminal Defense And Traffic Attorneys?
North Carolina Criminal Defense and Traffic Attorneys represent individuals accused of a crime or traffic violation in North Carolina. These attorneys specialize in defending people in criminal and traffic court. If you have been accused of a crime or traffic violation, hiring an experienced attorney defending cases in North Carolina is important.
North Carolina Criminal Defense and Traffic Attorneys can help you understand the charges against you and help you build a def. Against the charges. These attorneys can also help you negotiate a plea agreement with the prosecutor if you are interested in pleading guilty to a lesser charge.
When Does A North Carolina Driving License Not Need To Be Shown??
These are just some groups of people who are not required to have a North Carolina driver’s license. However, it is important to note that all drivers, regardless of their status, must follow all traffic laws and regulations while operating a vehicle in the state.
Non-Resident Drivers
Non-resident drivers are not required to obtain a North Carolina driver’s license as long as they have a valid license from their home state or country.
Farmers And Military
Farmers and military personnel are also exempt from this requirement, as long as they are driving on their property on duty.
Moped Operators
Moped operators are not required to have a license but must be at least 16 years old and wear helmets.
Conclusion | Driving Without A License In North Carolina:
So, up till now, you are well aware of the circumstances you will have to face in case you are caught driving without a license in any area throughout NC. The penalties for driving without a license can be severe and may include criminal charges. If you are caught driving without a license, you must speak with an experienced criminal defense lawyer who can help you understand your rights and protect your future.
So it would help if you kept yourself updated and knew the outcomes of driving without a valid driving license in NC. For more information, you can visit our website and ask in the comment section regarding your issue.
FAQs
Unlicensed driving, such as if you don’t have a valid license, is a class 3 misdemeanor carrying a fine of up to $200. A convicted person may also be sentenced to up to 20 days in jail, depending on their criminal history.
You could face serious punishments for driving without a license, such as mere fines, penalty points, and jail time.
Driving without a license is a serious offense that can be charged as a misdemeanor or infraction. If you are charged as a misdemeanor, you may face 6 months of jail time and a $1,000 court fine as a penalty, but if as an infraction, the maximum penalty is around a $250 court fine.