You hop into your car and begin driving to the store. You make an illegal U-turn and speed home, only to see flashing lights behind you. You may think driving without a license will result in a simple fine or a stern warning.
And the truth of the matter is, it all depends on the circumstances of the crime. What could you be facing then? If you never had a license or your license had expired at the time of the incident, the punishment is a little more severe. The driver must have specialized knowledge and abilities to operate a commercial motor vehicle.
It turns out that there is a good reason to keep unlicensed drivers off the road. They are much more dangerous than licensed drivers. According to a study by the AAA Foundation for Traffic Safety, one in five fatal car crashes involves a driver who doesn't have a license or whose license status is unknown to law enforcement.
According to their data, 6. When you add it all up it turns out that These accidents killed 21, people. Once you make the leap to driving with a suspended license there is a good chance you will end up a repeat offender. The NHTSA data also looked at which states have the most fatal accidents with invalidly licensed drivers behind the wheel. The top five shook out as follows:. On the other side of the coin, these states had the fewest fatal accidents related to unlicensed drivers:. If your license is suspended, there may be a way to get back on the road with a hardship license.
A hardship license is issued when your normal driver's license has been revoked or suspended. It allows you to drive, but only under certain circumstances and for approved reasons, mainly to get back and forth to work.
In Illinois, for example, drivers must send a written request to the Secretary of State, attend a hearing, and also complete any required courses or counseling. Florida requires taking and passing a hour traffic school. Technically, it is absolutely a valid license, but it comes with a wide variety of restrictions.
Once you have been approved for a hardship or restricted driving permit RDP , as they call it in Illinois, you are legal to drive, but there are many restrictions.
In most cases, you can only drive to approved locations, usually work, daycare or school and a few stores for errands. Many states assign a nighttime curfew. You will be required to show proof of car insurance before a restricted license is issued, says CarInsurance. If a DUI is involved, most states also require an SR from your insurer, verifying your insurance coverage. If you drop your coverage, the DMV is notified, and your restricted license revoked.
You will pay much higher car insurance rates because of the offense that triggered the suspension and the SR filing. In some states there is a mandatory waiting period before a DUI offender can apply for a hardship license, typically days.
Many states limit hardship licenses to first-time DUI offenders, and other states, like New Jersey and Rhode Island, don't offer a hardship program at all.
Getting caught driving after hours or for unapproved reasons will result in your hardship license being revoked. You may not even get a second chance, depending on the state laws. When it comes to your insurance premium, a hardship license will often push up your rates, but it usually depends on why your license was suspended in the first place.
An administrative suspension -- one stemming from an unpaid traffic ticket or back child support -- is typically seen as a minor offense and will not have a huge effect on rates, Gusner says. If the underlying cause of the suspension is a DUI, your rates usually go up dramatically, if you can find a company to insure you at all.
Gusner warns that premiums will usually shoot up from 30 to percent. In North Carolina, the increase could top percent. A DUI stays on your motor vehicle record for at least five to seven years in most states, so the pain will continue at each renewal even after the suspension has ended. New Mexico leaves it on your record for 55 years, though your insurance company usually won't look back that far.
But you will have to get a policy from a car insurance company that accepts high risk drivers — many will not. You will also need to show that your license suspension is for a short period of time, say, 30 days compared to a year. Once your driving privileges are restored, you will have to show proof of reinstatement to your insurer. If you have a long-term suspension, you have the option of finding a car insurance company that will allow you to buy a policy with another person named as the primary driver.
You would not be listed on the policy until you get your license back. If you are in the middle of your policy term, and your policy does not contain an exclusionary clause for driver suspensions, you likely will remain covered until the end of your term. Increasingly, insurers are adding conditions to policies to address the problem of suspended drivers getting behind the wheel.
Also bear in mind that car insurance companies usually check your driving record upon renewal of your policy and may simply decide you are now a high-risk driver and refuse to renew your policy when the term is up.
Insurance companies are required to send you a notice informing you that your coverage is to be suspended at some future date, typically at least 30 days out.
In most circumstances, the answer to this question is no, unless they pull your driving record which most insurers do at renewal time. Insurance companies are not normally notified if your license is suspended. Insurance companies are usually not even aware that you need a SR unless you tell them.
Emergency situation. The first defense to a driving without a license charge is the claim that you were driving a vehicle sans license as the result of an emergency situation where there was a threat of injury to you or to another person.
For example, if your spouse was suffering from a heart attack, you may have needed to drive them to the hospital, or at least take over driving duties if they were operating the vehicle at the time the heart attack occurred.
Lack of operation. The second viable defense to a driving without a license charge is a lack of operation of the vehicle in question. You may argue that you were not driving the vehicle at the supposed time of your offense. If a defense is not plausible, striking a plea deal may be within your best interest. Understanding plea bargains and how they work can be tricky — it is always best to have your attorney negotiate these deals on your behalf to ensure that your best interests are protected.
Marshall, we explore the most effective strategies when our clients are facing driving without a license, or any other traffic offense-related charges. Not only can we assist you in understanding the charges against you, building a defense, or negotiating a plea bargain, we will also do everything we can to file motions with the court to have evidence against you withheld, to establish misconduct if it occurred , and to protect your right to a speedy trial.
We also promise to provide you with competent legal representation — a right that you are guaranteed per the constitution. Vecchio has extensive experience in dealing with these types of charges. If you or a family member is facing an unlicensed driving charge, we can provide the aggressive legal representation you need to protect your rights and avoid or minimize the potential fines and jail sentence you are facing.
If you fail to follow the procedures for obtaining a license properly, or if you engage in certain types of driving behaviors such as speeding , reckless driving, driving while impaired by alcohol or drugs , you can have your driving privilege suspended or revoked.
Being caught driving without a valid license can subject you to serious penalties. If you allow an unlicensed driver to use your vehicle, you could be fined and ticketed as well, jeopardizing your own driving privileges. Under New Jersey motor vehicle law, drivers may face the following fines and penalties for driving unlicensed or for allowing an unlicensed person to drive:.
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