2009 North Carolina Code
Chapter 20 - Motor Vehicles.
§ 20-35. Penalties for violating Article; defense to driving without a license.

§ 20‑35.  Penalties for violating Article; defense to driving without a license.

(a)        Penalty. – A violation of this Article is a Class 2 misdemeanor unless a statute in the Article sets a different punishment for the violation.  If a statute in this Article sets a different punishment for a violation of the Article, the different punishment applies.

(b)        Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 4.

(c)        Defenses. – A person may not be convicted of failing to carry a regular drivers license if, when tried for that offense, the person produces in court a regular drivers license issued to the person that was valid when the person was charged with the offense.  A person may not be convicted of driving a motor vehicle without a regular drivers license if, when tried for that offense, the person shows all the following:

(1)        That, at the time of the offense, the person had an expired license.

(2)        The person renewed the expired license within 30 days after it expired and now has a drivers license.

(3)        The person could not have been charged with driving without a license if the person had the renewed license when charged with the offense. (1935, c. 52, s. 29; 1991, c. 726, s. 14; 1993, c. 539, s. 324; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, s. 4.)

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