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QuestionInsurance Question  What is the impact of driving with an expired license in North Carolina? Civil penalties as well as impact on insurance if cited for violation while driving with expired license.

AnswerAuto Insurance Answer

North Carolina statute 20-7 states that to drive a motor vehicle on a highway, a person must be licensed by the Division of Motor Vehicles to drive the vehicle and must carry the license while driving the vehicle.

NC Statute 20‑35 discusses the penalties for violating the law and driving without a license. Here it states that this offense is a violation of this Article of law and is a Class 2 misdemeanor.

A Class 2 misdemeanor in North Carolina usually has a maximum fine of $1000 and maximum jail sentence of 60 days. For Class 2 Misdemeanors, if the offender has had no prior convictions, the incarceration period is from 1 to 30 days. If they have had up to 4 prior convictions, the incarceration period is from 1 to 45 days. And, if they have had 5 or more prior convictions, the incarceration period is from 1 to 60 days.

The statute goes on to say that a person may not be convicted of 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 convicted of driving a motor vehicle without a regular driver’s 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 driver’s 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.

If you were written up for driving with an expired license (and not the harsher penalty of driving without a license) then according to the information we read from the North Carolina Magistrates Association the normal fine is $50 plus court costs. Being charged with no driver's license or license expired more than one year comes with 3 points you on your NC driving record as well.

If you were charged with driving with an expired NC driver's license contact the court listed on the citation to find out all civil penalties (fine, points, etc) and if you would be able to reduce or dismiss the charges if you renewed your license before the court date.

As for how being caught for driving with an expired driver's license would affect your insurance rates in NC, insurance points and rates are assigned by individual insurance companies that do business within North Carolina. In general if you get your license renewed and the ticket taken care of this would be thought of as a minor offense by most insurance providers.

To find out specifically how this type of citation will affect your rates with your particular insurer, you will need to contact your insurance company to find out about their rating system. Another option is to contact the NC Department of Insurance since insurers must file their rates with this state agency. So if you contact the NC DOI you should be able to get information on your insurance carrier's rating system.

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