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QuestionInsurance Question  A legal immigrant in NC. What is the penalty of driving on an expired license in North Carolina? I am a legal Immigrant, due to my pending visa papers with govt, I am not able to renew my license. If I use my car for emergency situation and caught by police what action they will take for expired license?

AnswerAuto Insurance Answer

If your North Carolina driver's license is expired due to the fact that your pending Visa papers have not yet allowed you to renew your license than likely you would be cited for driving without a license if you were caught operating a vehicle.

NC Statute 20‑35 discusses the penalties for violating the law and driving without a license in North Carolina. 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 comes with a fine and/or jail time. It is our understanding that it is up to 6 months in jail and or up to a $500 fine, if you were cited for this offense though you could contact the court or a lawyer to find out for certain.

Under subsection c of the above mentioned statute it states 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

So it appears that you would receive the fine and penalties associated with being an unlicensed driver in NC unless you meet the 3 requirements above for getting the ticket dismissed. The NC DOT Division of Motor Vehicles would be able to tell you more about the penalties you would receive for driving without a valid license and if this would affect you getting your license renewed or reinstated when your Visa paper goes though.

Once you have a valid North Carolina driver's license once again you can shop with us for NC low cost car insurance.

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