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Driving Without a License or on a Revoked License
Table of Contents
- Driving Without a License or on a Revoked License
- Legal Consequences And Penalties for Driving Without a License
- State Law Penalty for Driving Without License
- Is Driving Without a License a Felony?
- What If You Forgot Your License at Home?
- How Much Is a Ticket for Driving Without a License?
- Impact on Future Licensing
- Driving on a Revoked License
- Suspended License
- Revoked License vs. Suspended License
Operating a motor vehicle without a valid driver's license is illegal in the US. Although every state creates and enforces its motor vehicle code and traffic rules, in general, it's unlawful to drive a car when:
- The driver has never been issued a driver's license from the state department of motor vehicles;
- The vehicle operator has had their driver's license permanently revoked, or
- The driver currently has their driver's license temporarily suspended.
State laws make a clear distinction between driving without proof of licensing and driving without a valid driver's license.
Legal Consequences And Penalties for Driving Without a License
Drivers who fail to provide a driving license during traffic stops are subject to legal consequences, including a criminal offense. The offender will be charged with violating the traffic laws for being an unlicensed driver. The penalty depends on the situation and the state, though. Getting caught without a license in New York may attract a lower penalty than being caught under the same circumstances in another state.
Fines and Penalties
A violation may cost the individual $40 to $300. However, the penalties may be more punitive if there are other contributing circumstances. For example, if the driver was caught when their license was suspended. For a first offense in New Jersey, they would face an additional license suspension of 6 months and a $500 fine. Driving under the influence also worsens penalties for being caught without a license.
Possible Jail Time
There are scenarios where driving without a license can lead to serious legal problems. Chief among them would be being caught with a suspended license. A suspended license indicates previous infractions, so the courts are likely to lay punitive measures on the offender. It also depends on the state, though. In Arizona, a person pulled over and found to have a suspended license could end up in jail for up to six months. However, the penalties are uniform across the board. Similarly, a driver who is pulled over and found to be under the influence of alcohol will likely end up in prison if they do not have a license. The punitive measures become worse if the driver is involved in an accident and causes injuries or death.
Driving Without a License Impact on Driving Record
Driving without a license also affects one's driving record. Most states consider The offense a misdemeanor, but it appears on the individual's driving record. That directly affects the way insurers view the person. They may feel the individual is an irresponsible driver, hence the probability of paying high premiums.
Driving Without a License Impact on Criminal Record
Driving without a license is a misdemeanor or a felony in some circumstances, and it will be on the person's criminal record, regardless of whether they only pay a fine rather than jail time. Unfortunately, this can affect their chances of employment, particularly if they seek to work as a driver or courier. It can also affect driving privileges within the country or overseas.
State Law Penalty for Driving Without License
| State | Penalties |
|---|---|
| Alabama | Jail sentence of up to 180 days and a fine of between $100 to $500 |
| Alaska | Jail sentence of 10 days or license suspension for 90 days |
| Arizona | Jail sentence for six months and vehicle impoundment |
| Arkansas | Fine of up to $500 and a jail sentence of two days to six months |
| California | Jail sentence of up to six months and a fine of between $300 to $1,000 |
| Colorado | Jail sentence of up to six months and a fine of $500 |
| Connecticut | up to three months in jail or one year for subsequent offenses and a $200 fine |
| Delaware | 30 days to six months for a first offense and a fine of $500 to $1000 |
| District of Columbia | up to one year in prison and a fine of up to $2,500 |
| Florida | Up to 60 days for first offense, and $500 for the first offense |
| Georgia | Two days to one year in jail and $500 for the first offense |
| Hawaii | Two days to one year in jail and $500 for the first offense |
| Idaho | Two days to six months in jail and $1,000 for the first offense |
| Indiana | fine of $10,000 and six months to 30 months in jail |
| Iowa | $250 to $1,500 fine or fine days in jail |
| Kansas | $100 and a jail sentence of five days |
| Kentucky | fine of up to $500 for the first offense and a jail sentence of 90 days |
| Louisiana | jail sentence of up to six months for the first offense and a fine of up to $1,250 |
| Maine | fine of $250 for the first offense and a jail sentence of up to one year |
| Maryland | $1,000 fine and up to one year in jail for the first offense |
| Massachusetts | fine of between $500 to $1,000 and up to 10 days in prison for the first offense |
| Michigan | up to $500 for the first offense and a jail sentence of 93 days |
| Minnesota | fine of $1,000 and up to 90 days in jail |
| Mississippi | $200 to $500 and 48 hours to six months |
| Montana | up to a $500 fine and two days to six months for repeat offenses |
| Missouri | up to a $500 fine and two days to six months in jail for repeat offenses |
| Nebraska | a period in which a license was suspended and a year in which a ban was placed on operating motor vehicles |
| Nevada | up to a $1,000 fine and up to six months in jail |
| New Hampshire | up to $1,000 fine and at least one week in jail |
| New Jersey | fine of $500 for the first offense and one to five days in jail |
| New Mexico | up to $1,000 fine and four to 364 days in jail |
| New York | $200 to $500 fine for first offense and up to 30 days in jail |
| North Carolina | up to $200 fine and ten days in jail |
| North Dakota | up to $1,500 for the first three offenses and 30 days in jail |
| Ohio | up to $1,000 for the first offense and up to 180 days in jail |
| Oklahoma | $100 to $500 for the first offense and up to one year for the third offense |
| Oregon | $220 to $2000 fine and vehicle impoundment |
| Pennsylvania | $200 for the first offense and 90 days in jail for a second offense |
| Rhode Island | $250 to $500 for the first offense and up to 90 days in jail for the third jail |
| South Carolina | $300 for the first offense and 30 days in jail |
| South Dakota | $500 fine for a suspended license and a 30-day jail sentence |
| Tennessee | up to $500 for a first offense, up to six months in jail |
| Texas | fine of $500 for first offense and up to $180 days |
| Utah | $1,000 fine and up to six months in jail |
| Vermont | up to $5,000 for the first five offenses and up to two years in jail |
| Virginia | fine of up to $2,500 and up to 12 months in jail |
| Washington | fine of up to $5,000 fine and up to 364 days in jail |
| West Virginia | 100 to $500 fine and up to jail sentence of 90 days |
| Wisconsin | $50 to $200 fine if the license is already suspended and vehicle impoundment |
| Wyoming | up to $750 fine and up to six months in jail |
Is Driving Without a License a Felony?
Typically, driving without a license is a misdemeanor offense. This differs from a felony because it is less serious and usually results in a fine or a jail term of up to six months. Felony offenses are much more serious, as they attract penalties from two years up to life in prison. In some states, driving without a license is a felony offense, like in Indiana, resulting in between six months and two years in prison.
What If You Forgot Your License at Home?
If a driver is pulled over but has forgotten their license at home, the best course of action is honesty. They should tell the officer the license is at home, but there is a valid one in their name. The police officer will probably ask for personally identifying information like names, addresses, or dates of birth to do a check. Any other questions should be answered as calmly and honestly as possible.
Potential Consequences
Not driving with a license will result in consequences for the offender. However, in some cases, the officer can issue a warning if the individual can provide sufficient identification. They may also require the individual to submit the license within a particular time. In other cases, the police officer will feel compelled to issue a summons or citation. That means the driver must appear in court and present their license as proof of their claim. A fine or other sentences may also accompany it. Alternatively, the officer may call the Department of Motor Vehicles to run a check if the person says they left it at home.
Steps to Take if You Forgot Your License
Most cases where a person finds they have forgotten their license happen during a traffic stop. To obtain a favorable result, it would be advisable to remain calm and try to de-escalate the situation as much as possible.
- Politely explain that the driver's license has been forgotten at home. Acknowledge the fact that it is against the law to drive without a license.
- Offer other forms of identification, such as identification cards or passports, at the moment. These help create bonafides the officer can rely on.
- Request guidance on how to proceed. Depending on the jurisdiction, they can issue instructions on the steps to be taken.
How Much Is a Ticket for Driving Without a License?
Driving without a driver's license will most often result in a ticket being issued to the offender. This fine is issued to the driver and will be paid by a specific date. The acceptable amount depends on the state and nature of the offense. First-time offenders may be fined $40 to $300. Second and third-time offenders, though, may incur fines as high as $10,000 in Indiana. In Iowa, the ticket price ranges from $250 to $1,500, while in Maryland, the t ticket for no license price can be $1,000.
Impact on Future Licensing
Getting convicted for driving without a license will result in penalties that could affect the ability to get a license. However, the specific effects can vary depending on the state and the context. For example, license suspensions and arrests will be part of the driving record and could be a factor when the person next applies for a license. Some states also require a waiting period or other requirements before giving a license to a person who has been convicted of this crime. That may include completing particular periods without a violation or having to attend traffic school.
Driving on a Revoked License
If a person's driving license is revoked, it has been completely removed. A person's driving privileges are terminated, and the individual is deprived of their driving license. All states and the District of Columbia permit license revocation after multiple traffic violations. States will revoke a driver's license, especially if the offender is caught displaying a suspended driver's license. The violations that may get the driver’s license revoked are reckless driving, driving under the influence of alcohol, leaving the scene of an accident, and drag racing. Some states also use point systems to revoke licenses. When the individual attains specific points, their license gets revoked. For example, in California, a driver may be a negligent operator and lose their license if they earn four points in 12 months.
Suspended License
A suspended license is when one loses the right to drive but temporarily. Individuals can gain access to their licenses after a certain amount of time as designated by the courts. It also provides the fines and reinstatement fees that have been paid. Costs may range from $60 to $500. Some reasons a license can be suspended include driving under the influence, reckless driving, driving without insurance; a driving license suspension can also occur when the person misses child support payments, fails to pay traffic tickets, or fails to meet their obligation, resulting from an accident.
Revoked License vs. Suspended License
Some states draw a line between suspension and revocation. The main difference between the two is that license suspension has a start and an end date, whereas revocation does not have an end date. In addition, motorists could simply solve the suspension by paying a reinstatement fee after the end date. Meanwhile, revocation requires complex proceedings, as the driver has to go through a review and get approval before regaining their right to drive. Either way, the penalties are similar for the two, up to a felony.
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