Driving in NYC Without a License: Car Accident Lawyer NYC Explains the Consequences

As a driver, you have many legal obligations, the most basic and important of which is having a valid driver’s license. While most drivers are well aware that they need their license, most don’t actually know what happens if you get pulled over and you are unable to produce your license. That is why we at Gabriel Law want to take this opportunity to share our expertise as a car accident lawyer in NYC to explain the consequences of driving without a license in NYC.

Driving without your license vs. Driving without a valid license: Know the difference

According to New York Vehicle and Traffic Law (VTL) Section 509-1, every driver must carry with them a valid driver’s license when operating a motor vehicle. When you are driving without your license, it means that a valid driver’s license has been issued to you, but you are unable to produce it at the time of your stop. On the other hand, driving without a valid license accounts for situations where you were never issued a valid driver’s license, or your driver’s license has expired and you have failed to renew it.

What are the penalties for driving without your license?

When you are pulled over and you do not have your driver’s license at the time of the stop, it can result in the following penalties: 

• A traffic ticket under VLT Section 509-1
• A fine of up to $40, plus potential surcharges 
• Court fees, depending on how the ticket is processed

Fortunately, this is a “correctable offense.” In many cases, if you are able to produce a valid license to the court or officer issuing the ticket, the judge can dismiss said ticket. However, how the ticket is processed can depend on factors such as the police officer’s discretion and your prior record. 

What are the penalties for driving without a valid license? 

If you’ve been stopped and it turns out your license has been expired, suspended, or revoked, or you never had a valid license to begin with, VTL Sections 509-1 and 511 dictate that you can suffer serious consequences such as: 

• Driving without ever having a valid license: Fines up to $300 and 15 days of jail time for first-time offenders. 
• Driving with a suspended license (Aggravated Unlicensed Operation): This is a misdemeanor charge, which can result in arrests, a criminal record, and fines that can go up to $5000.

Can I show a digital photo if I have forgotten my license?

It is very likely that you would have a clear photograph of your driver’s license on your phone. While it can help the police officer confirm your identity, it cannot be considered as an official substitute for the physical license since police officers are not obligated to accept the photograph as digital proof. However, being able to produce a photo can significantly help reduce confusion, and help to quickly and smoothly resolve the situation.

What should I do if I am stopped without my license?

If you’re pulled over by the police and then realize you do not have your license, here’s what you need to do: 

• Remain calm and cooperate with the police officer. It can help you resolve the situation much quicker, and the officer might even let you off with just a warning.
• Clearly explain the situation to the officer. If you’ve forgotten your license, just let them know instead of trying to come up with a creative lie on the spot.
• If possible, provide alternate identification such as your work ID or insurance card, which the officer can use to confirm your identity and check your record.

Can I be arrested for driving without my valid license?

It’s very unlikely that you will be arrested as a first-time offender for simply forgetting your license. However, a person may be arrested if: 

• There are outstanding warrants against them. 
• They refuse to cooperate with police officers or provide false information, or 
• They are driving with a license that is suspended or revoked.

Conclusion 

Being pulled over when you don’t have your license at hand is not a big concern, and you can walk away from the incident with either a warning from the officer or a ticket and a minor fine at most. On the other hand, if you’re pulled over with a suspended or revoked license, or did not have a valid license to begin with, the consequences can be quite serious, especially in NYC, where the enforcement of traffic laws is quite strict. 

No matter what situation you may find yourself in, if you need legal assistance, then Gabriel Law is here to help. As a personal injury law firm in NYC, we handle a large number of car accident cases on a daily basis, making us the perfect partner to handle your insurance and legal matters and get you the compensation you deserve. Contact us and schedule your free consultation today.