(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 G.S. 20-7(a).
(2) Failure to comply with license restrictions, in violation of G.S. 20-7(e).
(3) Permitting a motor vehicle owned by the person to be operated by an unlicensed person, in violation of G.S. 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 G.S. 20-7(a).
(2) Operates a motor vehicle with an expired license, in violation of G.S. 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 G.S. 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(b) Repealed by Session Laws 1993 (Reg.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).)
Notes of Decisions
Cited in
16
cases (
2 in the last 5 years), 1946–2023 · leading case:
State v. Salter, 826 S.E.2d 803 (N.C. Ct. App. 2019).
State v. Salter, 826 S.E.2d 803 (N.C. Ct. App. 2019).
· cites it 9× “However, Defendant contends this stipulation was error because on the date of the current offense, "driving with an expired operator's license was either a Class 3 misdemeanor or an infraction," per N.C. Gen. Stat. § 20-35 (a1), (a2). Compare N.”
State v. Moore, 807 S.E.2d 550 (N.C. 2017).
· cites it 6× “See N.C.G.S. § 20-35 (2015) (listing differing circumstances under which the offense of driving a motor vehicle without a driver’s license is classified as a misdemeanor or an infraction).”
Outlaw v. Johnson, 660 S.E.2d 550 (N.C. Ct. App. 2008).
· cites it 2× “Plaintiff Outlaw’s convictions for driving without a license and driving with a revoked license were less than ten years old and are Class 2 misdemeanors, see N.C. Gen. Stat. § 20-35 (a) (2007), and were therefore admissible under Rule 609(a).”
State v. Bedient, 786 S.E.2d 319 (N.C. Ct. App. 2016).
· cites it 2× “N.C. Gen.Stat. § 20-35(a2)(3) (2015). This change was implemented pursuant to 2013 N.”
Hinson v. Jarvis, 660 S.E.2d 604 (N.C. Ct. App. 2008).
· cites it 2× “Section 20-7 requires those driving on the road to be licensed, and section 20-35 sets out the punishments and defenses available for such a violation.”
State v. Tolley, 156 S.E.2d 858 (N.C. 1967).
· cites it 3× “20-35(b) provides: “Unless another penalty is in this article or by the laws of this State provided, every person convicted of a misdemeanor for the violation of any provision of this article shall be punished by a fine of not more than five hundred ($500.”
State v. Johnston, 446 S.E.2d 135 (N.C. Ct. App. 1994).
“G.S. 20-35. See also G.S. 20-29. Accordingly, Trooper Ashby had sufficient probable cause at that time to place defendant under arrest.”
Hoke v. Atl. Greyhound Corp., 40 S.E.2d 345 (N.C. 1946).
“And it is further provided that “no person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven by any person who has no legal right to do so or in violation of any of the provisions of this article.”
State v. Wall, 157 S.E.2d 363 (N.C. 1967).
“20-7 (n) and G.S. 20-35 (b), as construed in State v. Tolley, 271 N.”
State v. Jackson, 821 S.E.2d 656 (N.C. Ct. App. 2018).
· cites it 2× “7 (a)(1) (2017) ; N.C. Gen. Stat. § 20-35 (2017). The probable cause to arrest justified extension of the encounter between Corporal Keltner and Defendant.”
State v. Berrier, 824 S.E.2d 210 (N.C. Ct. App. 2019).
· cites it 14× “See N.C. Gen. Stat. § 20-35 (a) (2017) ("[A] violation of this Article is a Class 2 misdemeanor unless a statute in the Article sets a different punishment for the violation.”
State v. Duncan (N.C. Ct. App. 2023).
· cites it 12× “See N.C. Gen. Stat. § 20-35 (a1). We thus reject the sweeping assertion that the offense of driving with a medically canceled license is necessarily an infraction, absent a showing of specific facts placing the offense within one of the enumerated exceptions to § 20-35(a2),…”
— N.C. Gen. Stat. § 20-35(a) — 3 cases
State v. Salter, 826 S.E.2d 803 (N.C. Ct. App. 2019).
“However, Defendant contends this stipulation was error because on the date of the current offense, "driving with an expired operator's license was either a Class 3 misdemeanor or an infraction," per N.C. Gen. Stat. § 20-35 (a1), (a2). Compare N.”
State v. Duncan (N.C. Ct. App. 2023).
“See N.C. Gen. Stat. § 20-35 (a1). We thus reject the sweeping assertion that the offense of driving with a medically canceled license is necessarily an infraction, absent a showing of specific facts placing the offense within one of the enumerated exceptions to § 20-35(a2),…”
— N.C. Gen. Stat. § 20-35(a1) — 2 cases
State v. Duncan (N.C. Ct. App. 2023).
“See N.C. Gen. Stat. § 20-35 (a1). We thus reject the sweeping assertion that the offense of driving with a medically canceled license is necessarily an infraction, absent a showing of specific facts placing the offense within one of the enumerated exceptions to § 20-35(a2),…”
— N.C. Gen. Stat. § 20-35(a2) — 3 cases
State v. Berrier, 824 S.E.2d 210 (N.C. Ct. App. 2019).
“See N.C. Gen. Stat. § 20-35 (a) (2017) ("[A] violation of this Article is a Class 2 misdemeanor unless a statute in the Article sets a different punishment for the violation.”
State v. Duncan (N.C. Ct. App. 2023).
“See N.C. Gen. Stat. § 20-35 (a1). We thus reject the sweeping assertion that the offense of driving with a medically canceled license is necessarily an infraction, absent a showing of specific facts placing the offense within one of the enumerated exceptions to § 20-35(a2),…”
— N.C. Gen. Stat. § 20-35(a2)(1) — 2 cases
State v. Duncan (N.C. Ct. App. 2023).
“See N.C. Gen. Stat. § 20-35 (a1). We thus reject the sweeping assertion that the offense of driving with a medically canceled license is necessarily an infraction, absent a showing of specific facts placing the offense within one of the enumerated exceptions to § 20-35(a2),…”
— N.C. Gen. Stat. § 20-35(a2)(3) — 3 cases
State v. Bedient, 786 S.E.2d 319 (N.C. Ct. App. 2016).
“N.C. Gen.Stat. § 20-35(a2)(3) (2015). This change was implemented pursuant to 2013 N.”
State v. Duncan (N.C. Ct. App. 2023).
“See N.C. Gen. Stat. § 20-35 (a1). We thus reject the sweeping assertion that the offense of driving with a medically canceled license is necessarily an infraction, absent a showing of specific facts placing the offense within one of the enumerated exceptions to § 20-35(a2),…”
— N.C. Gen. Stat. § 20-35(b) — 1 case
State v. Tolley, 156 S.E.2d 858 (N.C. 1967).
“20-35(b) provides: “Unless another penalty is in this article or by the laws of this State provided, every person convicted of a misdemeanor for the violation of any provision of this article shall be punished by a fine of not more than five hundred ($500.”
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