North Carolina § 20-35 - Penalties for violating Article; defense to driving without a license.

§ 20-35. Penalties for violating Article; defense to driving without a license.

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. 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). Failure to comply with license restrictions, in violation of G.S. 20-7(e). Permitting a motor vehicle owned by the person to be operated by an unlicensed person, in violation of G.S. 20-34. 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). Operates a motor vehicle with an expired license, in violation of G.S. 20-7(f). 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. Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 4. 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. The person renewed the expired license within 30 days after it expired and now has a drivers license. The person could not have been charged with driving without a license if the person had the renewed license when charged with the offense. (Effective December 1, 2021) 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: The person was deployed as a member of the Armed Forces of the United States when the drivers license expired. The person obtained a renewed drivers license within 30 days after returning from deployment. History (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).) Cross References. - As to jurisdiction of prosecution under this section, see notes to G.S. 7A-271 and 7A-272. Editor's Note. - Session Laws 2021-89, s. 2(b), made subsection (d) of this section, as added by Session Laws 2021-89, s. 2(a), effective December 1, 2021, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2013-360, s. 18B.14(g), effective December 1, 2013, added "Except as otherwise provided in subsection (a1) of this section" in subsection (a); and added subsection (a1). For applicability, see Editor's note. Session Laws 2013-385, s. 4, effective December 1, 2013, added "or (a2)" in subsection (a); deleted former subdivisions (a1)(2), (a1)(4), and (a1)(5); redesignated former subdivisions (a1)(3) and (a1)(6) as present subdivisions (a1)(2) and (a1)(3); added subsection (a2); and, in subsection (c), substituted "found responsible for" for "convicted of" twice and "with an expired" for "without a regular." For applicability, see Editor's note. Session Laws 2021-89, s. 2(a), added subsection (d). For effective date and applicability, see editor's note.