§ 20-35. Penalties for violating Article; defense to driving without a license. - North Carolina Statutes

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

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

(b)        Repealed by SessionLaws 1993 (Reg.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

(c)        Defenses. – Aperson 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 driverslicense issued to the person that was valid when the person was charged withthe offense.  A person may not be convicted of driving a motor vehicle withouta regular drivers license if, when tried for that offense, the person shows allthe following:

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

(2)        The person renewedthe expired license within 30 days after it expired and now has a driverslicense.

(3)        The person could nothave been charged with driving without a license if the person had the renewedlicense 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.)