Can u get arrested for driving without a license

If you don’t have your license on you when you get pulled over, there are several potential consequences depending on why you aren’t currently carrying your license. Simply forgetting it is a much simpler charge than not having one at all; but you’ll still need to appear in court, and you’ll need representation that knows the system. At the law offices of Zev Goldstein, you can rest assured that your case is in excellent hands. Consequences will typically depend on the type of infraction and many other variables.

Failing to Show Proof of Your License

Failing to show proof of your driver’s license is a fairly common violation. You were in a hurry as you dashed out the door. You forgot to put your wallet in your pocket or your purse in the car. Perhaps your license is still in the pocket of the pants you wore out last night. In New York, if you are caught driving without your physical license, you will likely be charged with Unlicensed Operation. In this case, if you were issued the ticket, you will simply need to appear in court and show your valid, current license to prove that you are in fact a licensed driver. If you fail to do so, you will likely be found guilty and fined. Your worst option would be to fail to answer the charge entirely. That will likely result in a suspension.

Driving Without Ever Having a License

If you have never been issued a driver license, or even if you were, but no longer are licensed for any reason, you can be ticketed for Unlicensed Operation if you are caught driving.

Driving With an Expired License

The window to renew your license can slip on you before you know it. Some officers will issue a warning when they discover this violation. Mostly, though, you will be issued a citation for Unlicensed Operation, the same violation as though you never had a license. You will be fined and the conviction will remain on your driving record for the immediate future as well. There may be situations where if you quickly renewed and restored your license after your ticket was issued, a prosecutor and judge may decide to be lenient with you. But there are under no obligation to do so, and may insist on a guilty plea or trial.

Driving With a Suspended or Revoked License

Driving with a suspended or revoked license typically leads to stiffer penalties than the other offenses, as New York treats this is a misdemeanor, criminal offense. If your are caught driving under these circumstances, it is customary for the office to arrest you and not permit you to drive away. Also, your case will be heard in a criminal court, rather than traffic court. This will mean that you must appear in court with your lawyer. For a habitual offender, driving with a suspended or revoked license can lead to jail time. It can also increase the length of the suspension and amounts of the fine. You can have a criminal record which will stay with you. There is much at risk when one drives with a suspended license.

Your Car to Unlicensed Drivers

Car insurance generally follows the car and not the driver. That means that you might not think anything of handing over your keys to an unlicensed friend or family member. Unfortunately, if an accident occurs while they are behind the wheel, it can be a nightmare! Your car insurance company might not be willing to cover an accident, and you might see your car impounded for as much as thirty days. For this reason, you should never loan your car to an unlicensed friend or family member.

If you have been charged with driving without a license, don’t lose your driving privileges! Contact Zev Goldstein today to learn how we can help get you back on the road.

In order to ensure the safety of all individuals on the road, all states in the United States have developed comprehensive sets of laws meant to govern the actions of drivers and deter traffic offenses. One of the most fundamental principles underlying these sets of laws is the fact that driving is a privilege that must be applied for. Therefore, a driver’s license is permitted only for those who have established that they can abide by the rules of the road and have indicated that they will respect the responsibilities that driving necessarily encompasses. Since a license is a privilege and a responsibility, all states have identified driving without a license as a punishable offense.

Reasons for Driving Without a License

There are several reasons why an individual may be caught driving without a license. Often, the driver may simply never have applied for a driver’s license from his or her local Department of Motor Vehicles (DMV), and thus no license has been issued. This is often the case for drivers who lack citizenship or legal status in the United States and cannot lawfully obtain a driver’s license. In order to reduce driving without a license offenses among undocumented populations, some states, including California and Illinois, have passed laws allowing unlawful immigrants access to driver’s licenses.

A true emergency may excuse an individual from driving without a license, but they might need to appear in court and present facts to indicate that there was an emergency. For example, Jack is looking after his younger sister Jill when she breaks out in hives. Panicked, Jack grabs his mother’s car keys and drives his sister to the emergency room. Jack is only 15 and does not have a valid driver’s license. He will likely be able to use necessity as a defense to driving without a license.

A driver may also be driving without a driver’s license because that license has been suspended or revoked due to a past crime or outstanding legal issue. In these circumstances, the driver may be charged with driving without a license, or with driving with a license that has been suspended or revoked, depending on the laws of the specific state.

Punishment for Driving Without a License

An individual charged with driving with an expired license may benefit from acquiring a valid license before their scheduled court date.

Penalties for driving without a license vary widely depending on the circumstances causing the lack of a license. If an individual has never obtained a license, or has an expired license, punishments will be less severe and may include fines. This crime is usually charged as a misdemeanor. However, in some states, a driver who is caught driving without a license as a result of a license revoked because of a DUI or other severe offense may face harsher punishment, including jail time and an extension of the length of the license suspension. Notably, the location where one is driving also matters in some states. A driver who is caught driving on private roads or a remote area may face less punishment than someone caught driving on major public highways.

An additional common effect of a driving without a license charge is a significant increase in car insurance premiums. Many car insurance companies will be quite reluctant to provide insurance for individuals caught driving illegally in this manner.

Driving Without Proof of License

In some circumstances, an individual may be stopped for a traffic violation and find that he or she has forgotten the license. Although in possession of a valid license, the driver will be unable to show law enforcement officers that this is the case. Typically, the driver may be given a citation or a warning about the failure to produce a license, but he or she will be given an opportunity to show the license at a later date. It is important to understand that in many states, a failure to produce a license is presumed to mean that the driver does not have a valid license, and it is the driver’s obligation to produce a license to the court in order to avoid a criminal charge.

Last reviewed October 2022

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