The following article was authored by Walter Rand, a Raleigh NC attorney. More information about Walter and his firm can be found on his website: http://walterrandlaw.com/
If you are charged with a no operator’s license ticket (NOL) under North Carolina General Statute number 20-7(a), you should be wary of getting a criminal conviction when the charge is only an infraction (like driving with one headlight out). The law changed in December of 2013 to reduce the charge from a class 2 misdemeanor (which carries a possible sentence of 60 days in jail and counts as a criminal conviction on your record) to an infraction (which carries no possible sentence of jail time and is NOT a criminal conviction on your record). Unfortunately, many judges, prosecutors, clerks, and even some defense lawyers think that NOL is still a misdemeanor. Many of them think that the law changed an NOL from a class 2 misdemeanor (possibility of 60 days in jail) down to a class 3 misdemeanor (possibility of 20 days in jail) instead of all the way down to an infraction (no possibility of jail). You can and should protect yourself from getting an erroneous criminal conviction.
Driving without a valid drivers license is an infraction, not a misdemeanor
The gist of the law [NCGS section 20-7(a) and 20-35] is that if you are driving a car on a public road and are not carrying a valid driver’s license you are responsible for an infraction, not a misdemeanor. If you come to court and show a driver’s license that was valid on the day you received the NOL ticket, the prosecutor must dismiss your ticket. If you come to court and show a driver’s license that is valid but was not valid on the date you received the ticket, the prosecutor will almost certainly dismiss the ticket but is not required to do so.
Plead responsible to the NOL, don’t plead guilty
If for whatever reason you cannot get a driver’s license and you choose to plead responsible for the NOL ticket, you should tell the prosecutor that you are pleading responsible to the NOL infraction; you are not pleading guilty to an NOL misdemeanor. You should then tell the judge the same thing. If the prosecutor or the judge seems confused or angry about this, ask him or her to look at NCGS section 20-35 (a2)(1). That reads: “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).” To be on the safe side, print out this blog post to show the prosecutor or the judge, but be as diplomatic (humble & polite) as possible when handing it to him or her. You don’t want to make it appear that the prosecutor or judge misconceives the law.
Part of the reason some judges, prosecutors, clerks, and defense lawyers have the misconception about whether NOL is still a misdemeanor or is now an infraction is that there is still a version of NOL which is a class 3 misdemeanor, although I have never seen anyone actually charged with it. That version is when you are accused of the standard NOL plus accused of never in the past having had a driver’s license. The piece of paper (citation) the policeman gives you which tells you what you are charged with and where/when to go to court must have on it the accusation that you have never had a valid driver’s license. (Never having had a valid driver’s license is a crucial element of the misdemeanor crime of NOL). If the paper doesn’t say that, then you are not accused of the misdemeanor NOL. You are accused of the infraction NOL.
If you received a NOL ticket and would like to find a lawyer to take care of this for you, upload your case details (a picture of your ticket) now!
Thanks for posting
Nice
If you show the valid license that was valid on the day of the ticket, does the dismissal mean no court fees as well, or just no fine?
Phil: In NC, where I practice, if the DA dismisses your case, no court costs and no fines. That is assuming all charges were dismissed of course. If the cop stopped you for like speeding and gave you a ticket for that AND no operators license, if the DA throws the NOL charge out you still have to deal with the remaining charge, which means costs and fines, but for not for what has been dismissed. This is a general rule: no case = no fine or costs.
I was stoppeddBfor dead tag/inspection on 9/6/16 Woodfin,NC. I wasn’t issued a ticket for those, I was issued one for NOL & given a ct date 2 mos later(never had a license, only a learners permit yrs ago).I have a fine for a ticket (seat belt) from 2003, (w/an outstanding fine,pending charges/warrants, or failure to appear that’s not handled you can’t get license) so I wasn’t able to get my lic.due to fines, fees,CT cost($280 03 seat belt,$50 new tag,$34 insp., $400 add onto husband ins. policy as 1st time driver, $25 license=$789.00).I asked for a continuance to try & save $. Case was put off to Feb.’17. After X-mas I was laid off.So no lic. by ct date.Again, asked for continuance till (4/7/17).Ct date comes…still out of work/cant pay lg amounts needed to get lic. So, since it wasn’t mandatory I appear, I didn’t go.
Early this month I got an official letter saying citation had been bumped up to DWLR-Not Impaired,& my ability to get lic. would be suspended indefinitely(until fines/cost are settled).
So,in addition to prev.$789, add fine (not sure how much)for ticket (NOL or DWLR-NI),+$200.00 cost. I’ll have to pay $1000-$1100. I barely have enough to live day to day.(The fines,ins,lic,inspection,& CT cost wld prevent me feeding my fam).
I saw ADA before 1st CT date to see if he could help me w/’03 ticket. He took $80.00 off ticket,but ct cost stood & I needed to pay 200 by 4pm that day.I couldn’t,so it went back to fine + cost!
Isn’t there something or someone at the DMV or District Court (Traffic) that/who can help lower fines/costs? I’d be willing to do comm.service and/or jail if it’d help.
I have to drive.I don’t have anyone to drive me,& the 0longer I drive the more likely it is I’ll get more tickets/fines, which’ll eventually impair me from ever getting them. If u know of any way I can lower these please let me know. As I said I’d be willing to go to jail to help take care of the matters and get my license.
Amber: Your case sounds like a very common situation where your license is suspended for not going to court on a little matter (like a seatbelt etc). Then, if you get a ticket after your license is suspended, if it’s a moving violation you get, if you plead to it, your license will be suspended for at least a year after. Best thing I can think of -without seeing your actual record- is to possibly get the last charge dismissed altogether on payment of the first one. (Note: payment of the first one = pleading guilty so make sure your license wasn’t suspended when you got that ticket.) That is the sort of deal that you’d have to work out with a lawyer most likely however. I wouldn’t try it alone. Maybe post your case on the site (BernieSez.com) and see who can help you. I’d do it myself but all the way in Raleigh. BTW: If you go driving now, you are at risk for another DWLR. Get this done soon! I think you’ll have 40 days to pay fines and costs after that case is concluded. I hope that helps. If you want to get your record and email me, I’d be happy to look at it and give you a better answer. No charge!
my bf has never had his license? I’m trying to find out what he should do it was back in 2010 when he got a ticket and went t jail for driving with no license and for the tags not matching the car(was his ex’s brother car) this was in nc. we have moved to tn and he is now trying to get his license. he went to jail in 2013 for something if he had a FTA wouldn’t the court say something then? since he went to jail in the same county?
A police officer made a comment referring to the rights of North Carolina. Stating that” people in North Carolina does not have the right to locomotion, it is a privilege” In the constitution of the United States as well as the constitution of North Carolina the people of this state does have the right. I could see what happened ( the detention of my life partner) if we were committing a crime of any magnitude, however the detention and the comment of that officer is uncalled for. We have sat for hours studying the rights in this state and others.. We do not wish to contract with this state or any other, we are not lawbreakers of any kind… We need an attorney that will stand with us on common law, so far we have not found one attorney that has the constitution to fight the system for the people,,, Personally I am sick of it.They know they are wrong and will not fight us in court….
If you were charged with DWLR and were unaware that your license was suspended because of non-payment of court fees from a non-related case, but you paid the fees and reinstated your license..with it be considered a NOL that you can plead “responsible” to?
Shannon: Use caution: If you plead guilty to the NOL you will be pleading to a moving violation that was committed during a period of suspension which will revoke you further. However, depending on what county it happened in, the DA might be willing to toss the DWLR completely when you show him your new -valid- license. Barring that, I’d say you need to use a PJC on the charge (whether it’s DWLR or NOL) to prevent it from causing more revocation. Hope that helps!
Shannon: Use caution: If you plead guilty to the NOL you will be pleading to a moving violation that was committed during a period of suspension which will revoke you further. However, depending on what county it happened in, the DA might be willing to toss the DWLR completely when you show him your new -valid- license. Barring that, I’d say you need to use a PJC on the charge (whether it’s DWLR or NOL) to prevent it from causing more revocation. Hope that helps!
A friend, no really – a friend, was given a ticket for driving without a license. She has never had a driver’s license. She is a U.S. citizen with a valid N.C. state I.D. The car is registered to her and has valid plates. She does have valid insurance on the car. She is planning to take the written test, the eye test and the road test before her court date to obtain a license. What is her best course of action to minimize costs and penalties, including an increase in insurance rates?
Also, is it legitimate for the police to stop her without any other probable cause?
Julie: Typically these cases are dismissed if you can show a valid license when you go to court on your court date. Maybe there’s a probable cause argument (actually it would be what we call “reasonable articulable suspicion”) but that’s really opening a can of worms that can stay closed. Get a license, go to court and show it, and I’d be surprised if it’s not dismissed. If you have any trouble, just ask for a new court date and then consult with a lawyer about what the issue is. And while we’re talking about lawyers….. Consider posting the case on BernieSez.com. It’s FREE and it’s a great way to hook up with a lawyer and get some specific advice. Best….
Question, in the state of NC and city of Statesville, I was pulled over from a License check point. I did not have my license with me and I gave them my information. The cop not only gave me a ticket but also threaten to take me to Jail because I did not have my license on me and because I was asking him a question as to why he wanted my cell phone number. I finally got out of that mess. I reported that cop to the chief of police and the chief of police said that if it was him, he would have taken me to jail for asking a question and not having my license. Because per him, he had the right to take me to jail in the state of NC.
Is this true?
Oh and I almost forgot, I got a lawyer to get rid of this ticket and even the lawyer agreed that I should not have gotten a ticket. But the issue went further because apparently, this gun hole cop wrote that I was arguing with him and being offensive to him. So the judge doesn’t like citizens who are offensive to his cops. When all I did was simply ask him a question as to why he needed my cell phone number.
Freddy: Yeah man. I feel you. Some cops are waaaaay gung-ho. Just looking for a chance to pop somebody or whip out a gun. There aren’t very many like that but even a few is too many. As for the arrest, I think if he asks you and you can’t present a license he can charge you with failing to HAVE a license because it’s not his job to call the DMV for check that you actually have one; that’s on you. As far as the chief of police saying that, I personally think it’s very shitty and undiplomatic to say such a thing. No wonder the cop who pulled you was an asshole; his chief is too.
Hey,I truelly agree your comment.
Hi, i have a friend that recently got a ticket given by highway patrol for not having a license while driving and on the ticket states not required to appear on court yet it doesn’t mention how much it’s the citation either, he’s from Charlotte NC and ticket location was Hickory.
Also his first and middle name it’s totally misspelled…