What is the difference between being charged with driving without a license and being charged with failing to carry a license in possession?
Driving without a driver’s license is a misdemeanor charge which can be punishable with jail time and a license suspension. A charge for not carrying a license in possession a traffic infraction, and the penalty is a $10.00 fine. There is a HUGE difference in severity of these two charges! However, with the assistance of a defense attorney, often times a driver who is charged with a misdemeanor no license offense may be able to have it reduced to a traffic infraction for failing to carry their license in their possession.
For more information about these two charges, please see the Virginia Code sections below:
Virginia Code § 46.2-300. Driving without license prohibited; penalties (virginia.gov),
No person, except those expressly exempted in §§ 46.2-303 through 46.2-308, shall drive any motor vehicle on any highway in the Commonwealth until such person has applied for a driver’s license, as provided in this article, satisfactorily passed the examination required by § 46.2-325, and obtained a driver’s license, nor unless the license is valid.
A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section is a Class 1 misdemeanor.
Upon conviction under this section, the court may suspend the person’s privilege to drive for a period not to exceed 90 days.
The operator of any motor vehicle, trailer, or semitrailer being operated on the highways in the Commonwealth shall have in his possession: (i) the physical registration card issued by the Department or the registration card issued by the state or country in which the motor vehicle, trailer, or semitrailer is registered and (ii) his driver’s license, learner’s permit, or temporary driver’s permit.
The owner or operator of any motor vehicle, trailer, or semitrailer shall stop on the signal of any law-enforcement officer who is in uniform or shows his badge or other sign of authority and shall, on the officer’s request, exhibit his registration card, driver’s license, learner’s permit, or temporary driver’s permit and write his name in the presence of the officer, if so required, for the purpose of establishing his identity.
Every person licensed by the Department as a driver or issued a learner’s or temporary driver’s permit who fails to carry his license or permit, and the registration card for the vehicle which he operates, is guilty of a traffic infraction and upon conviction punished by a fine of $10. However, if any person summoned to appear before a court for failure to display his license, permit, or registration card presents, before the return date of the summons, to the court a license or permit issued to him prior to the time the summons was issued or a registration card, as the case may be, or appears pursuant to the summons and produces before the court a license or permit issued to him prior to the time the summons was issued or a registration card, as the case may be, he shall, upon payment of all applicable court costs, have complied with the provisions of this section.