TA 16-101: Driving Without a License

1. Definition and Elements of the Crime

 All drivers operating a motor vehicle on a Maryland highway or road must have a driver’s license.  There are a few exceptions, such as members of congress from another state, but these exceptions rarely apply to the average citizen.  A driver can have a valid out-of-state-license and even an international license as long as it is for a motor vehicle (class C).  A learner’s permit is not equivalent to a driver’s license despite the fact that it technically allows a person to operate a motor vehicle on a public highway.  Anyone caught driving without a license faces the possibility of receiving numerous citations including a citation under TA 16-101, which is considered a serious, must appear offense.  A person who receives a ticket for driving without a license must appear at one of the District Courts of Maryland locations to answer for the charge.  Drivers who receive a ticket from a federal police officer such as a Park Police or NSA Police officer will have to appear in federal court.

 2.  Examples

 The most common scenario when a 16-101 citation is issued is after a traffic stop for a minor infraction such as inoperable taillights, failure to signal, speeding or running a red light.  The situation will become more serious once police determine that the driver does not have a valid license, and if not, they will issue numerous tickets.  Police may also tow the vehicle if there is no licensed driver on scene.  If police are called to the scene of an accident, they will first determine if all the drivers involved were licensed.  Even if the person who is not at fault does not have a valid license, he or she will be issued a ticket.  A holder of a learner’s permit who is stopped for speeding faces the possibility of receiving a citation for driving without a license, despite the fact that he or she is permitted to drive a motor vehicle.

3. Related Offenses

 Drivers that do not have a license are also frequently cited for knowingly driving an uninsured vehicle or driving on a suspended or revoked license.  Both of these offenses carry up to 1 year in jail upon conviction.  Holders of a learner’s permit who are caught driving without required supervision can be charged with an offense that carries 5 points upon conviction under TA 16-105.  In some cases, these learner’s permit holders are also charged with driving without a license, but we can typically convince the State to dismiss these charges.

 4. Defenses

 In order to justify a citation for driving without a license the State must first demonstrate there was a valid traffic stop.  Police cannot rely on the fact that the driver did not have a license as the basis for the stop unless they personally identified the driver.  In other words, a cop cannot run a license plate and initiate a traffic stop simply because the registered owner of a vehicle did not have a valid license.  This scenario is more relevant in suspended license cases, but police always need reasonable suspicion for a traffic stop unless the driver has an outstanding arrest warrant.  Benjamin has successfully argued for the dismissal of numerous traffic tickets based on an invalid stop.  While it is not a legal defense for the driver to obtain a license before his or her case is set for trial, it always helps to try to do this before going to court.  A person who is stopped for driving a scooter cannot be charged with driving a motor vehicle without a license under 16-101, but police do not often know this is the case.  Benjamin will argue for the immediate dismissal of citations issued under this circumstance.

5. Penalties

The penalty for driving without a license in Maryland is up to 60 days in jail and a $500 fine.  Repeat offenders face up to 1 year in jail and a $500 fine.  A conviction for driving without a license under TA 16-101 also carries 5 points added to a driving record, which can result in a license suspension and/or increased insurance premiums.  If a driver with a learner’s permit is convicted or even receives PBJ for driving without a license he or she will have to wait an additional 9 months to be eligible for a provisional license.  A driving without a license charge can also trigger violation of probation proceedings, which can lead to far more serious consequences.

6. Criminal Defense for Driving Without a License

Benjamin Herbst has successfully handled hundreds of charges for driving without a license under TA 16-101.  He defends clients in all jurisdictions including federal cases that are handled in the Greenbelt and Baltimore City federal courthouses.  Park Police officers typically issue their citations under the CFR, but there is no specific statute for driving without a license under the Code of Federal Regulations.  Benjamin has extensive experience in both state and federal court and will fight for the dismissal of your tickets.  He also specializes in juvenile traffic offenses including DUI and driving without a license.  If you have received a citation contact Maryland driving without a license attorney Benjamin Herbst at 410-207-2598 for a free consultation anytime.