{"data":{"id":"us-nc/n.c.-gen.-stat.-20-35","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 20-35","heading":"Penalties for violating Article; defense to driving without a license.","body":"(a)\tPenalty. - Except as otherwise provided in subsection (a1) or (a2) of this section, 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.\n(a1)\tThe following offenses are Class 3 misdemeanors:\n(1)\tFailure to obtain a license before driving a motor vehicle, in violation of G.S. 20-7(a).\n(2)\tFailure to comply with license restrictions, in violation of G.S. 20-7(e).\n(3)\tPermitting a motor vehicle owned by the person to be operated by an unlicensed person, in violation of G.S. 20-34.\n(a2)\tA person who does any of the following is responsible for an infraction:\n(1)\tFails to carry a valid license while driving a motor vehicle, in violation of G.S. 20-7(a).\n(2)\tOperates a motor vehicle with an expired license, in violation of G.S. 20-7(f).\n(3)\tFails to notify the Division of an address change for a drivers license within 60 days after the change occurs, in violation of G.S. 20-7.1.\n(b)\tRepealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 4.\n(c)\tDefenses. - A person may not be found responsible for 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 found responsible for driving a motor vehicle with an expired drivers license if, when tried for that offense, the person shows all the following:\n(1)\tThat, at the time of the offense, the person had an expired license.\n(2)\tThe person renewed the expired license within 30 days after it expired and now has a drivers license.\n(3)\tThe person could not have been charged with driving without a license if the person had the renewed license when charged with the offense.\n(d)\tDefense for Deployed Member of the Armed Forces of the United States. - A person may not be found responsible for driving a motor vehicle with an expired drivers license if, when tried for that offense, the person provides verifiable written proof of deployment and establishes the following:\n(1)\tThe person was deployed as a member of the Armed Forces of the United States when the drivers license expired.\n(2)\tThe person obtained a renewed drivers license within 30 days after returning from deployment. (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; 2013-360, s. 18B.14(g); 2013-385, s. 4; 2021-89, s. 2(a).)","path":["Chapter 20. Motor Vehicles.","Article 2. Uniform Driver's License Act."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-35.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:58:08Z","sha256":"105325bf5d3f282787a92c4ade96a83a76bf55f2fae288e3527f8d299b9a8f1e","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-20-34.1","next":"us-nc/n.c.-gen.-stat.-20-36"},"notice":"GroundRules: Original legal text. Not legal advice."}