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Driving without a license

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  • Driving without a license

    I am an LEO in AZ writing an article about how states treat driving without a valid license differently. I am asking specifically if your state classifies the violation as a civil offense or a misdemeanor. This should not include driving on a suspended license or just driving without actually having the license in possession.

    Could you let me know your state, the classification, and the code?

    For example in AZ it would be a civil violation (ARS 28-3151A).

    Any help would be appreciated.
    Well first, life dealt you a bad hand, then you decided to double down.

  • #2
    Maryland

    Misdemeanor traffic offense.

    16-101(a) - Driving motor vehicle on highway without required license and authorization.

    Carries a maximum of 5 points and I believe 60 days in jail.

    Comment


    • #3
      In Iowa ALL traffic violations are criminal..............No valid DL is a simple misdemeanor.

      IC 903.1 MAXIMUM SENTENCE FOR MISDEMEANANTS.

      a. For a simple misdemeanor, there shall be a fine of at
      least sixty-five dollars but not to exceed six hundred twenty-five
      dollars. The court may order imprisonment not to exceed thirty days
      in lieu of a fine or in addition to a fine.

      321.174 OPERATORS LICENSED -- OPERATION OF COMMERCIAL
      MOTOR VEHICLES.
      1. A person, except those expressly exempted, shall not operate
      any motor vehicle upon a highway in this state unless the person has
      a driver's license issued by the department valid for the vehicle's
      operation.
      Last edited by Iowa #1603; 04-05-2014, 04:18 PM.
      Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

      My new word for the day is FOCUS, when someone irritates you tell them to FOCUS


      (F*** Off Cuz Ur Stupid)

      Comment


      • #4
        In Washington State driving without a license is a misdemeanor, RCW 46.20.005. If the offender has " valid identifying documentation" at the time of the stop, the offense is treated as a civil traffic infraction, RCW 46.20.015.

        Comment


        • #5
          In Georgia, it's a misdemeanor offense. It's automatic arrest at my agency and most others.

          OCGA 40-5-20

          40-5-20. License required; surrender of prior licenses; local licenses prohibited


          (a) No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver's license before operating a motor vehicle in this state. Any violation of this subsection shall be punished as provided in Code Section 40-5-121, except the violation of driving with an expired license, or a violation of Code Section 40-5-29 or if such person produces in court a valid driver's license issued by this state to such person, he or she shall not be guilty of such offenses. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license.

          (b) No person, except those expressly exempted in this chapter, shall steer or, while within the passenger compartment of such vehicle, exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being towed.
          There once was a man who said: "Though,
          it seems that I know that I know,
          what I'd like to see is the I that knows me,
          when I know that I know that I know."

          - Alan Watts

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          • #6
            Driving Without A License

            Minnesota

            Misdemeanor traffic offense Minnesota Statute 171.02 S1

            Comment


            • #7
              In NY this is a violation of VTL Sect 509. Strictly a traffic violation, not a crime. Does not matter if you just left your DL home or never got one.

              Comment


              • #8
                12500(a) California Vehicle Code, criminal misdemeanor.

                Can be prosecuted as an infraction (which is the case in my county, except for habitual traffic offenders or if the person is booked for another crime).

                Comment


                • #9
                  Nebraska it's a $75 ticket plus court costs. Always struck me as weird that if you are suspended it's a misdemeanor and you get a court date. If you never bothered to get one at all it's just a fine.

                  Comment


                  • #10
                    Donks.....The rationale is that to get his DL suspended the motorist had to commit an additional infraction, ie, failed to answer a traffic ticket, does not pay child support.

                    Comment


                    • #11
                      Here in Texas, traffic violations are mostly Class C misdemeanors which is the lowest criminal level, but there higher offenses also listed in our Code.

                      Texas Transportation Code
                      Sec. 521.021. LICENSE REQUIRED. A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway in this state unless the person holds a driver's license issued under this chapter.

                      Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY.
                      (This section has the penalties but are too large to post here)

                      Comment


                      • #12
                        Dinosaur,

                        Yeah I kind of get that. But we have a pretty heavy hispanic population. Most of my traffic stops they end up getting cited for No Operators License. I can see from their history they have been cited over and over for it. But they go pay the fine and keep doing it. Maybe if they had to go see a judge it might change. Well then again, probably not.

                        Comment


                        • #13
                          Here in AZ its nothing. Lots of illegals driving around. US citizens get punished while they usually don't get more then a slap on the wrist.

                          Comment


                          • #14
                            Florida:
                            322.03 Drivers must be licensed; penalties.—
                            (1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license issued under this chapter.
                            (a) A person who drives a commercial motor vehicle may not receive a driver’s license unless and until he or she surrenders to the department all driver’s licenses in his or her possession issued to him or her by any other jurisdiction or makes an affidavit that he or she does not possess a driver’s license. Any such person who fails to surrender such licenses commits a noncriminal infraction, punishable as a moving violation as set forth in chapter 318. Any such person who makes a false affidavit concerning such licenses commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
                            (b) All surrendered licenses may be returned by the department to the issuing jurisdiction together with information that the licensee is now licensed in a new jurisdiction or may be destroyed by the department, which shall notify the issuing jurisdiction of such destruction. A person may not have more than one valid driver’s license at any time.
                            (c) Part-time residents of this state issued a license that is valid within this state only under paragraph (b) as that paragraph existed before November 1, 2009, may continue to hold such license until the next issuance of a Florida driver’s license or identification card. Licenses that are identified as “Valid in Florida Only” may not be issued or renewed effective November 1, 2009. This paragraph expires June 30, 2017.
                            (2) Prior to issuing a driver’s license, the department shall require any person who has been convicted two or more times of a violation of s. 316.193 or of a substantially similar alcohol-related or drug-related offense outside this state within the preceding 5 years, or who has been convicted of three or more such offenses within the preceding 10 years, to present proof of successful completion of or enrollment in a department-approved substance abuse education course. If the person fails to complete such education course within 90 days after issuance, the department shall cancel the license. Further, prior to issuing the driver’s license the department shall require such person to present proof of financial responsibility as provided in s. 324.031. For the purposes of this paragraph, a previous conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 shall be considered a previous conviction for violation of s. 316.193.
                            (3)(a) The department may not issue a commercial driver’s license to any person who is not a resident of this state.
                            (b) A resident of this state who is required by the laws of this state to possess a commercial driver’s license may not operate a commercial motor vehicle in this state unless he or she possesses a valid commercial driver’s license issued by this state. Except as provided in paragraph (c), any person who violates this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
                            (c) Any person whose commercial driver’s license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state is guilty of a nonmoving violation, punishable as provided in s. 318.18.
                            (4) A person may not operate a motorcycle unless he or she holds a driver’s license that authorizes such operation, subject to the appropriate restrictions and endorsements.
                            (5) It is a violation of this section for any person whose driver’s license has been expired for more than 6 months to operate a motor vehicle on the highways of this state.
                            (6) A person who is charged with a violation of this section, other than a violation of paragraph (a) of subsection (1), may not be convicted if, prior to or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a driver’s license issued to him or her and valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time prior to the defendant’s appearance in court. The clerk of the court may assess a fee of $5 for dismissing the case under this subsection.
                            322.39 Penalties.—
                            (1) It is a misdemeanor for any person to violate any of the provisions of this chapter, unless such violation is declared to be otherwise by this chapter or other law of this state.
                            (2) Unless another penalty is provided in this chapter or by the laws of this state, a person convicted of a misdemeanor for the violation of a provision of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

                            Comment


                            • #15
                              Originally posted by chuck9899 View Post
                              Here in AZ its nothing. Lots of illegals driving around. US citizens get punished while they usually don't get more then a slap on the wrist.
                              Don't forget, pursuant to 28-3511, if they've never had a license or permit, not only do they get the cite for no valid license, but we also impound their vehicles for 30 days. Get them off the roadways. You can also hook them for failure to provide license while operating a motor vehicle..

                              Edit-3511 not 2511. Doggone fireball, making me backwards with numbers....

                              Comment

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