North Carolina General Statutes 20-35. Penalties for violating Article; defense to driving without a license
(a) Penalty. – Except as otherwise provided in subsection (a1) or (a2) of this section, a violation of this Article is a Class 2 misdemeanor unless a statute in the Article sets a different punishment for the violation. If a statute in this Article sets a different punishment for a violation of the Article, the different punishment applies.
(a1) The following offenses are Class 3 misdemeanors:
(1) Failure to obtain a license before driving a motor vehicle, in violation of N.C. Gen. Stat. § 20-7(a).
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 60 days | up to $1,000 |
Terms Used In North Carolina General Statutes 20-35
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Statute: A law passed by a legislature.
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Failure to comply with license restrictions, in violation of N.C. Gen. Stat. § 20-7(e).
(3) Permitting a motor vehicle owned by the person to be operated by an unlicensed person, in violation of N.C. Gen. Stat. § 20-34
(a2) A person who does any of the following is responsible for an infraction:
(1) Fails to carry a valid license while driving a motor vehicle, in violation of N.C. Gen. Stat. § 20-7(a).
(2) Operates a motor vehicle with an expired license, in violation of N.C. Gen. Stat. § 20-7(f).
(3) Fails to notify the Division of an address change for a drivers license within 60 days after the change occurs, in violation of N.C. Gen. Stat. § 20-7.1
(b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 4.
(c) Defenses. – A person may not be found responsible for failing to carry a regular drivers license if, when tried for that offense, the person produces in court a regular drivers license issued to the person that was valid when the person was charged with the offense. A person may not be found responsible for driving a motor vehicle with an expired drivers license if, when tried for that offense, the person shows all the following:
(1) That, at the time of the offense, the person had an expired license.
(2) The person renewed the expired license within 30 days after it expired and now has a drivers license.
(3) The person could not have been charged with driving without a license if the person had the renewed license when charged with the offense.
(d) Defense for Deployed Member of the Armed Forces of the United States. – A person may not be found responsible for driving a motor vehicle with an expired drivers license if, when tried for that offense, the person provides verifiable written proof of deployment and establishes the following:
(1) The person was deployed as a member of the Armed Forces of the United States when the drivers license expired.
(2) The person obtained a renewed drivers license within 30 days after returning from deployment. (1935, c. 52, s. 29; 1991, c. 726, s. 14; 1993, c. 539, s. 324; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, s. 4; 2013-360, s. 18B.14(g); 2013-385, s. 4; 2021-89, s. 2(a).)