Driving Without a License in North Carolina: General Statute § 20-35

There are several circumstances in which you may be charged with driving without a license. These circumstances include:

• You have a valid driver’s license, but it was not on you when you were pulled over.
• You have never held a valid driver’s license.
• You were driving with an expired driver’s license.
• You were driving with a suspended, revoked, or canceled license.
• You failed to comply with any restrictions on your license, such as those associated with a learner’s permit or provisional license.
• You were driving with an out-of-state driver’s license after having resided in North Carolina for over two months.
• You were driving with an out-of-state Commercial Driver’s License (CDL) after having lived in North Carolina for over a month. 

No matter what circumstances surround your charge, your attorney will conduct a deep dive into your case to ensure you understand the charges against you and your legal options moving forward.

Depending on the circumstances surrounding your charge, you may be issued a traffic violation or be charged with a misdemeanor offense. Each level of severity carries different penalties for those convicted. The penalties for the different levels are as follows:

Driving Without a License as a Traffic Violation

You may be issued a ticket for driving without a license if your license is expired or you forgot your valid license at home. The traffic ticket may result in a $100 fine and the addition of three points to your driving record. 

Driving Without a License as a Class 3 Misdemeanor

You may be charged with a Class 3 misdemeanor if you have never held a valid license or if you violated any restrictions on your license. If convicted, you could face up to 20 days in jail and a $200 fine.

Driving Without a License as a Class 2 Misdemeanor

If you are caught driving with a revoked or suspended license, you could face being charged with a Class 2 misdemeanor. Convicted individuals may be sentenced to up to two months in prison and a $1,000 fine. 

Additionally, a misdemeanor conviction may result in a criminal record that can show up on a background check and negatively impact your employment opportunities. 

Those charged with driving without a license in North Carolina have several options for fighting the accusations against them. At King Law, our criminal defense attorneys are committed to investigating and considering every angle of your case to determine the perfect defense strategy for your situation. A few strategies our team may consider include:

• Your license was valid when you were pulled over, and you can present the valid license to the court.
• Your license has expired, but you had already applied for renewal when you were pulled over.
• The police stop was unlawful.
• There is insufficient evidence to prove that your license was revoked or suspended.

Your attorney will consider your case from every angle to craft a strategy that fits your unique needs. When you partner with a King Law attorney, you partner with a caring and professional legal expert.