Judge Rudy Reports: Driving without a license
By: Rudy Serra
Q: WHEN IS IT A FELONY TO DRIVE without a license? I thought it was a minor traffic offense.
A: Usually driving without a license is a minor legal issue, but there are significant exceptions. There are three kinds of charges that could bring you to court. You can get a “civil infraction” a “misdemeanor” or a “felony.” Usually a “civil” matter can be filed by private citizens but in driving cases a police officer can bring a civil action.
A civil infraction is not a crime. If you are charged with a civil infraction, you do not have a right to an appointed lawyer or to a jury trial. On the other hand, you cannot be sentenced to jail and you don’t even have to go to court.
With a civil infraction, you can hire a lawyer to appear on your behalf, plead “responsible” and pay any fines. Of course, if you demand a formal hearing, you have to be there. General- ly, a series of expensive fines and fees are added and you may get “points” on your driver’s license, but you do not get a criminal record. Failure to stop at a stop sign or failure to use a turn signal are examples of civil infractions. A civil infraction is probable cause for a stop.
A misdemeanor is a “minor crime.” It is minor only in the sense that the maximum jail term is 93 days plus a fine of $500. A record of misdemeanor violations is still a criminal record and it will harm job prospects and can have other lifelong consequences. A more serious crime is a “felony” for which a person can be sentenced to prison. Driving without a license is i usually charged as a misdemeanor. A charge of suspended license can go to prison for up to five years “failure to display” a license implies that the driver was licensed but failed to show a valid license when required. This charge has no points and is not reported to the Secretary of State. Driving without a valid license because you never obtained one, or were denied, or suspended, is a more serious charge than simply not having your license to show, and it does include points as well as potential jail time.
Truly serious felony charges can arise if a person’s license is suspended or revoked and they continue to drive.
A person who gets into an accident that causes a death while they are driving with a suspended license can be sent to prison for up to 15 years, as well as being assessed a $10,000 fine. A person who causes a “serious impairment of a body function” (defined as injuries like fractures, loss of use of limbs or organs, and other injuries) while driving with a suspended license can go to prison for up to five years and pay fines of up to $5000.
Drivers should not be lulled into thinking that driving with a suspended or revoked license is a minor legal matter. Although usually a good driver who made a mistake can escape jail time and other punishment, a suspended driver who persists in driving puts themselves in a position of major risk.
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