QUESTION

Can I get to jail for a first time offense for driving without a license?

Asked on Aug 23rd, 2012 on Criminal Law - New Jersey
More details to this question:
My friend said she was sick and felt dizzy. I said I would take the wheel so we will not get hurt.
Report Abuse
25 ANSWERS
John F. Brennan
Partner at
  • 5.0/5.0
  • 0
  • 1
5.0/5.0
n/a
no client reviews
AV Preeminent
Answered on Jul 08th, 2013 at 12:23 AM
You have a potential defense if this was a true emergency.

Report Abuse
Answered on May 24th, 2013 at 2:06 AM
Yes.

Report Abuse
Answered on May 24th, 2013 at 2:05 AM
Yes.

Report Abuse
5.0/5.0
n/a
no client reviews
AV Preeminent
Answered on May 22nd, 2013 at 10:11 PM
No.

Report Abuse
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Aug 27th, 2012 at 12:48 AM
Yes, you could, but it is highly unlikely. The judge will probably give you a suspended sentence.

Report Abuse
  • 4.4/5.0
  • 0
  • 1
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Aug 27th, 2012 at 12:47 AM
All misdemeanor offenses in the State of Nevada carry a maximum penalty of 6 months in jail and/or $1,000 fine. It is unlikely that a judge would impose jail for driving without a valid license because the driver became ill and unsafe to continue driving. A judge would be more likely to impose jail if the driver's license was suspended or revoked.

Report Abuse
MB
Michael J. Breczinski
Partner at
  • 3.0/5.0
  • 0
  • 1
3.0/5.0
n/a
no client reviews
CV Notable
Answered on Aug 27th, 2012 at 12:47 AM
You may want to fight this charge. A medical emergancy is a reason to drive without a license. It depends on how sick your friend was.

Report Abuse
  • 0/5.0
  • 0
no peer reviews
n/a
no client reviews
Answered on Aug 24th, 2012 at 1:06 AM
Driving without a license is an infraction and is not punished by jail time.

Report Abuse
no peer reviews
n/a
no client reviews
Answered on Aug 24th, 2012 at 1:06 AM
It's possible. I suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.

Report Abuse
Answered on Aug 24th, 2012 at 1:04 AM
A good lawyer would ensure that you get a fine at most.

Report Abuse
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Aug 24th, 2012 at 1:04 AM
It is possible, but unlikely. If you can apply for a license and if you get the license it will help your situation, possibly a dismissal or at least a less serious charge.

Report Abuse
Answered on Aug 24th, 2012 at 1:04 AM
Yes, because you drive without a license. There is no justification, because your friend was ill.

Report Abuse
Answered on Aug 24th, 2012 at 1:04 AM
Doubtful. Bring your friend to court. It's not a defense but hopefully the judge will be sympathetic.

Report Abuse
Janis L. Blough
Partner at
  • 4.4/5.0
  • 0
  • 1
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Aug 24th, 2012 at 1:03 AM
Although your offense carries a potential jail term, ordinarily you will only be fined (+ court costs). Many courts have a recording which tells you how much the fine is, but it may be worth it to appear and plead your case before a judge/magistrate. It would help to have your friend present, and a doctor's note wouldn't hurt either. If this is one of several/many such violations, you could be looking at jail time, but usually they would rather save the jail space for more dangerous violators. Good Luck!

Report Abuse
James M. Osak
Partner at
  • 0/5.0
  • 0
no peer reviews
n/a
no client reviews
Answered on Aug 24th, 2012 at 1:03 AM
ARGUE "NECESSITY" as she was ill. You were taking her to a hospital? You could have called a cab you know.

Report Abuse
GM
Gary Moore
Partner at
  • 4.4/5.0
  • 0
  • 1
4.4/5.0
n/a
no client reviews
BV Distinguished
Answered on Aug 24th, 2012 at 1:02 AM
Not with the right way.

Report Abuse
Jeff Fengcheng Yeh
Partner at
  • 0/5.0
  • 0
no peer reviews
n/a
no client reviews
Answered on Aug 24th, 2012 at 1:01 AM
If your license was not suspended, and you simply didn't have one, then usually there will not be jail time. But it is still possible, since VC 12500(a) can still be filed as a misdemeanor. Contact an attorney if you want to get it infracted or dismissed.

Report Abuse
Answered on Aug 24th, 2012 at 12:59 AM
It is possible to get jail it is mandatory if suspension/revocation was for alcohol (dui etc) there is sometimes an emergency defense, but it is not easy.

Report Abuse
n/a
no client reviews
Answered on Aug 23rd, 2012 at 4:34 PM
Yes. However, whether the judge sentences you to jail, usually depends on why you do not have a license. For instance, if your license was suspended for a DUI, you are more likely to be sentenced to jail.

Report Abuse
  • 5.0/5.0
  • 0
  • 1
n/a
no client reviews
Answered on Aug 23rd, 2012 at 4:26 PM
It is a misdemeanor with potential one year in jail. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

Report Abuse
n/a
no client reviews
CV Notable
Answered on Aug 23rd, 2012 at 4:23 PM
I would not expect any jail time. Usually you have to come in with a valid license to show that you will not drive without one again. You pay a fine and since I do not know what state you live in, I cannot know what else. But jail seems much too severe. (You didn't have an accident, did you?)

Report Abuse
no peer reviews
n/a
no client reviews
Answered on Aug 23rd, 2012 at 8:30 AM
No. Just a big fine.

Report Abuse
LK
Leonard A. Kaanta
Partner at
  • 0/5.0
  • 0
no peer reviews
n/a
no client reviews
Answered on Aug 23rd, 2012 at 8:30 AM
Problaby not, but the car you used could be immobilzed.

Report Abuse
peer reviews not shown
n/a
no client reviews
Answered on Aug 23rd, 2012 at 8:29 AM
Yes, you can go to jail for this offense.

Report Abuse
Answered on Aug 23rd, 2012 at 8:28 AM
Probably not, you can probably plead this down to a lesser offense

Report Abuse

Ask a Lawyer

Lawyers from our extensive network are ready to answer your question.

0 out of 150 characters