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N.C. Gen. Stat. § 20-35

Penalties for violating Article; defense to driving without a license

Showing this section's text as in effect on June 1, 2021 (in force June 1, 2021 – September 1, 2021). View current text →

(1) 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.

(2) The following offenses are Class 3 misdemeanors: Failure to obtain a license before driving a motor vehicle, in violation of G.S. 20-7(a).

(3) Failure to comply with license restrictions, in violation of G.S. 20-7(e).

(4) Permitting a motor vehicle owned by the person to be operated by an unlicensed person, in violation of G.S. 20-34.

(5) A person who does any of the following is responsible for an infraction: Fails to carry a valid license while driving a motor vehicle, in violation of G.S. 20-7(a).

(6) Operates a motor vehicle with an expired license, in violation of G.S. 20-7(f).

(7) Fails to notify the Division of an address change for a drivers license within 60 days after the change occurs, in violation of G.S. 20-7.1.

(8) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 4.

(9) 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: That, at the time of the offense, the person had an expired license.

(10) The person renewed the expired license within 30 days after it expired and now has a drivers license.

(11) The person could not have been charged with driving without a license if the person had the renewed license when charged with the offense.

History

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.