Driving without a license in North Carolina can result in serious consequences. There are a variety of penalties that can be imposed if you’re caught operating a motor vehicle without a driver’s license, including substantial fines, points on your driving record — and even jail time in some cases.

When Can You Be Charged with Driving Without a License?

Driving is considered a privilege in North Carolina, not a right. In order to drive lawfully in North Carolina, you must have a valid driver’s license. In addition, if you are a permanent resident, your vehicle must be registered with the North Carolina Division of Motor Vehicles — and you must possess liability insurance coverage.

There are several common scenarios in which you can be charged with driving without a license. The penalties that can be imposed will depend upon the seriousness of the offense. You can be charged with driving without a license under the following circumstances:

• You have a valid driver’s license but left it at home
• You were driving with an expired license
• You had never been issued a valid license
• You were driving while your license was suspended
• You were driving while your license was revoked
• You failed to comply with driving restrictions that were placed on your license

In the event your license expires, and you fail to renew it, you could be ticketed for driving without a license. You can also face charges if you have an out-of-state license and have lived in North Carolina for more than 60 days without obtaining a state-issued license. Commercial drivers who become residents must obtain a state license within 30 days.

What Happens if You are Caught Driving Without a License?

The penalties for this offense can range from a ticket to jail time. Significantly, you can be charged with the misdemeanor offense of No Operator’s License if you have a license but it is not with you at the time you were pulled over. This can carry a fine and court costs, license and insurance points, or even jail time if you have a lengthy criminal record.

More serious penalties can be imposed for driving without ever having obtained a license, knowingly allowing an unlicensed person to operate your vehicle — or not complying with any restrictions that have been placed on your driver’s license. In addition, driving with a revoked license, operating a vehicle with a suspended driver’s license, and presenting a counterfeit license when you are pulled over are all offenses that can be charged as misdemeanors.

Not to be confused with driving without a license, driving without a valid registration is also against the law. While this offense is not a moving violation for insurance purposes, driving without a registration — or one that has been revoked, suspended or canceled — can be charged as a Class 3 misdemeanor.

If you are charged with driving while license revoked due to a revocation related to a DWI, then this can be punished as a class 1 misdemeanor and could carry jail time depending on your prior record.

Defenses to Driving Without a License Offenses

Being charged with this offense can have a significant impact on your life. In severe cases, you could face jail time if convicted — and you can still incur points on your driving and insurance records for an infraction. It’s essential to have the representation of a skillful criminal defense attorney who can fight the charges against you.

If you possessed a valid license at the time you were pulled over, you can present it to the court. Additionally, if you were caught driving with an expired license, but had already applied to renew it, you can provide such evidence on your court date. But even if you did not have a valid license, there are several possible defenses an attorney may be able to raise, based on the circumstances of your case.

For example, an attorney may be able to assert that the traffic stop was illegal. Police must have reasonable suspicion that you committed a traffic infraction to stop your vehicle. If the stop was unlawful, any evidence obtained as a result may be inadmissible in court. If you had not been informed that your license was revoked or suspended, you may also be able to raise this as a defense. A knowledgeable attorney can evaluate the facts of your specific situation to create a viable defense strategy.

Contact an Experienced North Carolina Traffic Offense Attorney

Facing charges for driving without a license can be stressful. In such cases, it’s vital to have a diligent traffic offense attorney by your side who can safeguard your legal rights and develop a solid defense strategy in your case. The Johnston County attorneys at Reece & Reece, Attorneys at Law provide reliable representation for a broad scope of criminal offenses and traffic matters. Call (919) 300-1249 to schedule a consultation and learn how we can help.