PC §706(B) - DRIVING ON A INVALID LICENSES

CLASS E MISDEMEANOR

(a) Definition

Driving on an invalid license is the act of operating a motor vehicle while in possession of a driver's license that is invalid, expired, or otherwise not legally recognized as valid for driving.

(b) Elements of the Offense

The following elements must be met to constitute driving on an invalid license:

  1. The defendant operated a motor vehicle on a public roadway.

  2. The defendant's driver's license was invalid, expired, or otherwise not legally recognized as valid for driving at the time of operation.

  3. The defendant knew or should have known that their driver's license was invalid or expired at the time of operation.

Types of Invalid Licenses

(a) Invalid licenses may include, but are not limited to, the following:

  1. Expired driver's licenses.

  2. Driver's licenses that have been suspended, revoked, or cancelled by the relevant licensing authority.

  3. Driver's licenses obtained fraudulently or through misrepresentation.

  4. Driver's licenses issued by an unauthorized or unrecognized entity.

(c) Defenses

  • (a) It shall be a defense to a charge of driving on an invalid license if the defendant can prove that their driver's license was valid at the time of operation, or if they can demonstrate that they were coerced, misled, or otherwise not acting of their own free will.

  • (b) Lack of evidence of driving on an invalid license, such as proof of valid licensing or errors in the license validation process, may also serve as defenses if proven by the defendant.

(d) Aggravating Factors

  • Aggravating factors such as causing an accident resulting in property damage or injury to others, driving under the influence of alcohol or drugs while on an invalid license, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.

Penalties

Penalties for drivers licenses charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

OFFICERS DESCRETION ON IT BEING ARRESTABLE.

JAIL TIME

20 SECONDS OF JAIL TIME.

BOND/FINE SET

$2,000.00

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