If you actually have a driver’s license but don’t physically have it on you when you’re pulled over, you may receive a citation for “No Operator’s License” (NOL) which is a minor infraction that usually carries a small penalty.
In the vast majority of cases an NOL charge will be combined with something else, like speeding or a stop sign violation, and will often be dismissed upon proof that you actually were licensed at the time.
However, if you are driving…
- Without ever having gotten a license in your state
- With an expired license
- With a revoked license
… the consequences can be more serious..
Driving without a license in those contexts CAN lead to a misdemeanor charge, which carries the possibility of fines or even jail time. Whether a law enforcement officer simply writes it up as a ticket or as criminal charges can vary depending on your criminal record, the nature of why you don’t have a license, and even the tone of your conversation with the officer during the traffic stop.
If criminal charges are filed and you are convicted, that will stay on your permanent record. That means it will come up on a background check when you apply for a job.
In today’s post, we’ll unpack these scenarios so you know what you can expect, and how a traffic attorney can help.
When Driving Without A License Becomes A Traffic Ticket
This is the least serious of the outcomes, and is generally the case when you forgot your license at home or perhaps your license expired and you forgot to renew it. In the officer’s discretion, you can be issued a traffic ticket that includes a $100 fine and receive license points.
When Driving Without A License Becomes A Class 3 Misdemeanor
This typically comes into play if you’ve never had a license or lost your license, and decided to drive anyway. Other times, it could be because you violated restrictions placed on your license, such as not being allowed to drive at night or driving out of state when that has been restricted.
If you are convicted, you could face jail time and a $200 fine. Also, as mentioned above, misdemeanors can stay on your record and cause other challenges.
When The Traffic Stop Leads To A Class 2 Misdemeanor
A Class 2 misdemeanor is more serious than a Class 3. Generally this happens for those who were driving with a revoked or suspended license. The consequences are more severe because, in these cases, the individual has already committed a traffic violation that led to their license being suspended.
Continuing to drive is a direct violation of a court’s prior order, and the consequences here are longer jail times and significantly higher fines.
A Class 2 misdemeanor also looks worse on a criminal background check, and can negatively affect job opportunities as well as rental applications.
The Role of Alcohol …
Whether or not alcohol factored into the loss of your license is a major consideration. If you are charged with Driving While License Revoked (DWLR) for financial reasons (you have outstanding unpaid court costs) that is one thing. If you are charged with DWLR because you previously lost your license for drunk driving, that is far more serious.
Judges are often lenient if you simply have outstanding court costs that keep you from regaining your license. In fact, many judges will try to help you by reducing costs and granting more time to pay, so that you can get your license back.
Judges are far less forgiving if you’ve lost your license over a DUI and you’ve driven again. To receive a DWLR while suspended for drunk driving, you either did not have a limited privilege, or you were driving outside of the privilege. Either way, you risk active jail time, higher fines, lengthened suspensions, and permanent revocation. You definitely need an attorney in this scenario.
How We Can Help
A charge of driving without a license usually accompanies another charge, such as speeding or running a stop sign. In the most common scenario the officer will pull you over for a moving violation, and then discover you don’t have your license as part of the stop.
Most of the time we will seek to have your “NOL” charge dismissed as part of the plea negotiation in your case. If you actually had a license at the time but didn’t have it with you, then the District Attorney is almost always willing to dismiss the charge when you show proof that you were licensed at the time.
If you are charged with a more serious (misdemeanor) variety of driving without a license, then you definitely need the aid of an attorney. Depending on the circumstances, we may still be able to have it dismissed as part of a plea. A lot depends on what caused you to lose your license in the first place. Sometimes it is simply a failure to pay fines. Other times it may be accumulation of points or a revocation imposed for impaired driving.
Whatever the circumstances are, we can help. Give us a call at 336-995-0060 or email info@mcelweelawfirm.com.
Will McElwee has been a traffic attorney for over 25 years, and has established a solid track record helping folks from Boone and Wilkesboro to Winston Salem address traffic tickets. His family has a long and fruitful history in the area: the McElwee Law Firm began in 1932. Will’s grandfather, William H. McElwee, Jr., was a former president of the North Carolina Bar and sat on North Carolina’s Board of Law Examiners for many years.
As a “Double Deac,” Will attended Wake Forest University for both undergraduate and law school. He is a certified Superior Court and Family Financial Mediator and is also certified in the field of collaborative law.
