25 June, 2024
what happens if you get pulled over without your license on you? Before anyone can operate a vehicle, they must get a driver’s license by studying and taking an examination. You must also have a certain amount of practice hours under your belt. It is illegal to drive without a license and endangers everyone on the roads. Even after getting your license, it is important to always have your physical license on you while driving.
A driver might not have or be carrying their license for several reasons. Depending on the reason, it can have different consequences. Some of the most common reasons for not having a license are:
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Getting pulled over without your license on you can be an anxiety-inducing situation, even if you simply forgot it. The outcome will largely depend on your ability to provide the necessary information to the law enforcement officer. Here’s what typically happens when you are pulled over without a license:
When you’re pulled over, the police officer will approach your vehicle and request your license, registration, and proof of insurance. If you don’t have your license, let the officer know.
Politely inform the officer that you don’t have your physical license with you, but you can provide your name, date of birth, and address. This information will allow the officer to verify your identity.
The officer will run a check on the information you provide through their in-car computer system. This database check will verify if you have a valid driver’s license.
If the database check confirms your identity, the officer may ask for additional proof of identity. This could include a social security card, passport, or any other form of government-issued ID.
The response of the officer largely depends on their discretion and the policies of their department. In some cases, they may issue a warning and allow you to continue on your way. However, they also have the authority to issue a citation.
If you’re issued a citation, it’s likely to be for unlicensed operation in New York. This is generally a minor offense, but it does come with a fine.
If, for any reason, the officer cannot verify your identity, they may ask you to accompany them to the police station for further verification or take other steps to confirm your identity.
After the incident, if you locate your physical license, you can usually present it to the court.
While it’s generally a minor offense, accumulating multiple citations for not having your license on you could lead to more serious consequences, such as increased fines or points on your driving record.
Keep in mind that if you didn’t merely forget your license, you can be arrested, and the consequences can be much more severe, including additional criminal charges for driving on a suspended license, which can prolong an existing license suspension.
It is illegal for someone to drive or operate a motor vehicle on a public highway, parking lot, public road, or any other public location unless they have a valid New York license.
Driving without a license in NYC mainly involves:
Driving without a New York license is a misdemeanor. If you fail to renew the license after 60 days of its expiry, you attract a minimum fine of $40. Commercial drivers found liable for driving without a valid license face fines of up to $75.
Here’s the breakdown of penalties for driving without a license:
Besides jail time and monetary penalties, you may face additional punishment, including:
Driving with a suspended or revoked license in NYC can result in a felony or misdemeanor charge. The first offense is considered a misdemeanor; at the misdemeanor level, driving with a suspended license may attract a penalty of up to one year in jail or up to $1,000 in fines.
You could be charged with a felony if you’re guilty of driving with a suspended or revoked license multiple times. At the felony level, driving with a suspended license attracts a jail time of four years and a fine of up to $5,000.
After DMV suspends your license, you’ll need an SR-22 to insure your vehicle and proof of insurance.
If you have questions about driving without a license, consult a New York motor vehicle accident attorney. New York state has strict laws regarding driving violations with a driver’s license.
You’ll likely receive any driver’s license-related charges, such as aggravated license operation or driving without insurance. In such a case, it is essential to consult an attorney to protect your rights.
Legal representation is particularly vital when charged with a first-degree AUO violation, a severe felony that can result in a fine of as much as $5,000 and up to four years in prison. An attorney can inform you about your offenses, possible penalties, and the applicable defense available to you.
Driving with an expired license is a substantial traffic violation in New York.
Under section 509 of New York’s Vehicle Code, the first offense of driving without insurance is a misdemeanor with a penalty of:
A subsequent driving offense with an expired license often results in more severe punishments, including fines up to $5,000, imprisonment, vehicle impoundment, and probation.
Here’s what may happen if you get into an accident with an expired license:
Getting into a car accident with an unlicensed driver can be a complex situation, potentially leading to various legal and insurance-related issues.
Following any accident, contact law enforcement to report the incident. Officers should ask all drivers involved for their licenses. If the other driver cannot provide one, or if it’s expired or suspended, it can lead to a citation or arrest.
If a driver simply forgot their license at home, it might not affect the post-accident process very much. They can still provide that information once they retrieve their physical license. However, it can cause issues if the driver does not have a valid license at all.
In many cases, an unlicensed driver may not have insurance. If they do have coverage, the insurance may not cover the damages, as the driver is not legally allowed to operate a vehicle. This can lead to complications in terms of covering repair costs and medical expenses.
It’s always advisable to consult with a car accident attorney at The Barnes Firm. Our attorneys can provide guidance on the best course of action after an accident. They can identify all possible avenues for compensation, including your PIP or uninsured motorist insurance.
Dealing with an accident involving an unlicensed driver can be challenging, but taking the appropriate steps and seeking legal advice can help protect your interests and ensure you navigate the situation effectively.
While you did the right thing by having your license paperwork in order, another driver may not. Their negligence can be detrimental to your life, and you could suffer severe injuries and financial burdens because someone drove without a license and caused an accident. Schedule an initial consultation with a personal injury lawyer from The Barnes Firm in NYC by calling (800) 800-0000 today.
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Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney president Rich Barnes who has more than 30+ years of legal experience as a practicing personal injury trial attorney.
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