Driving Without a License in New Jersey

What does it mean to drive while your license is expired, revoked, suspended or cancelled in New Jersey?

What does it mean to “drive without a license” in New Jersey?

Driving without a license can refer to three scenarios. You’re stopped for an offense and:

  • You have a license but it’s not in your possession. In other words, you were licensed to drive but lacked proof, an infraction that may be dismissed once you can prove that you possessed a valid license at the time of the incident.  (Note: you may have to pay a fine and will likely receive two points on your license.)
  • You never applied for a license (or your license expired). Violators may be subject to a four-point license penalty, a fine of between $250 and $500, and may be precluded from applying for a license for six months. If the charge is for driving with an expired license, expect a fine up to $500.
  • Your license was cancelled, revoked or suspended by the authorities. For first time offenders, this offense is punishable by a fine of up to $1200 (Class B misdemeanor) or up to $2,000 and a maximum one-year jail time (Class A misdemeanor).  

How do you fight the charge?

Fighting a “driving without a license charge” can be difficult.  Once the district attorney or prosecutor alleges that you drove without a valid license, the burden of proof is on you to prove that you did possess a valid driver’s license at the time of your offense. If you don’t have evidence of a license, you lose! Depending on your circumstances, you may benefit from the advice or negotiating skills of an attorney.

Can an undocumented immigrant obtain a driver’s license in New Jersey?

An undocumented immigrant is not permitted to obtain a driver's license in New Jersey.

 

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