Penalty for driving without a license under 18

A.R.S. 28-3474 provides that "A person who knowingly causes or permits the person's child or ward or any person under eighteen years of age to drive a motor vehicle on a highway if the person is not authorized under this chapter or in violation of this chapter is guilty of a class 2 misdemeanor. "

What does it mean to let an unauthorized minor drive?

If you let someone who is under 18 years old and who is not properly licensed drive your car, you could be charged with a crime. We see a few different situations that result in this charge:

The owner of a car (or someone in control, like a person borrowing their parent's car) lets a minor drive the car. The minor has no license whatsoever. The car owner rides along as a passenger. Then the minor commits some moving violation like speeding and gets pulled over. The minor gets ticketed with a bunch of charges. This will include whatever violation was the basis for the traffic stop, as well as driving without a valid license. The passenger car owner get a criminal ticket for letting the unlicensed minor drive.

Another situation involves two minors. Minor A owns the car and is licensed. Minor B has an instruction permit, a.k.a. a learners permit. A learners permit requires that Minor B be accompanied by a person who is fully licensed and who is 21 years of age or older. Both minors go out in the car with Minor B driving. Then Minor B commits a moving violation and gets pulled over. The police officer commences ticket writing and Minor A gets a criminal ticket for letting Minor B drive.

What are the consequences of permitting an unauthorized minor to drive?

This is not a moving violation, so there are no points that will result. It is a criminal charge though, a class 2 misdemeanor to be specific. A class 2 misdemeanor carries the potential for up to a $750 fine plus surcharges of about $630, up to 4 months in jail, and 2 years probation. In practice, most drivers will face the criminal conviction with a fine far less than the maximum, no jail time and no probation.

How do you fight this kind of ticket?

This is a charge we would describe as clerical or administrative - a paperwork violation like an insurance violation or driving on a suspended license. Either the minor was properly licensed or they weren't. If they were properly licensed, then that's a fantastic defense. If the minor was not properly licensed, then there probably is not much of a factual defense.

When we represent someone with this charge, we first want to make sure that the unlicensed minor gets a proper license. The defendant may not have much control over that, but we think this helps the negotiation process. Beyond that, we work to leverage the defendant's good background and try to negotiate an improved outcome that ideally avoids the criminal conviction.

Driving without a license is an offence in the state of Texas under Chapter 521 of the Texas Code of Transportation according to which all persons operating a vehicle on a highway should carry a driver’s license that is valid. Violation of this law will result in a charge of misdemeanor. The consequences of driving without a license may become progressively more severe if the offence has been repeated multiple times. The penalty for violating this law is:

Penalty for driving without a license under 18

  • If it a first time offence or lost document then a fine no greater than $200 will be charged.
  • For violating this law for the second time within a year of the first offense then a fine ranging from $25 to $200 will be imposed.
  • In case the offense is repeated for the third time within a year of the second offence then it will result in a fine ranging up to $500 along with time in jail for duration no less than 72 hours and not more than 6 months.

Penalties beside a Fine

Besides the fine, the offender may have to pay certain other fees and costs as well for driving without a license in the state of Texas. For example, Driver Responsibility Program has been instituted by the state of Texas which is mandatory for certain violations related to vehicles. Driving without a license in one of the offenses and the offender will have to pay a surcharge of $100 per year for three years after he has committed the offense.

Besides the fine, some restrictions might also be imposed on the offender, such as revocation of the existing driver license. The offense of driving without a license is different from driving with a license that has been revoked or suspended. Both these offenses are misdemeanors. However, driving with a license that has been suspended is a more serious offense with more penalties.

Some department of judiciary may also require that the defendant’s vehicle should be impounded and towed and the offender will have to bear those costs as well.

The total fine the offender might have to pay in case he is caught driving without a license is largely up to the Judge presiding over the case. In order to know the exact cost of the offence you should visit the local municipality.

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In Case a Minor Gets Caught Driving Without a License

In case the offender is a minor then in addition of the fine the total cost will also include impounding fee, towing cost, and court fee. The car will be impounded even if the car is owned by the parents of the minor. The fine may be up to $200 in addition to the other costs mentioned. The offence will only show in the records of the minor and it might affect the time period until the minor can obtain a license when he/she attains the suitable age. In addition to the records the minor might also have to spend 6 months to a year in a juvenile correctional facility depending on the severity of the offence or might only be charged with a few hours of community service. In some cases parents might also be charged for negligence and allowing their child to drive a car when he is a minor.

Driving without a license is a serious offence and should be avoided at all costs.

In case you have lost your driver’s license, or it got stolen or destroyed, or you want to change your name or address then you can request for a duplicate (also called replacement) driver license. To apply for a duplicate driver license in Texas, you should take the following steps:

  1. Visit nearby office of driver license.
  2. Complete the required paper work and application.
  3. Pay the applicable fee which is $11.
  4. Provide documents to verify your identity. For example an unexpired passport.
  5. In case you are not a U.S. citizen you need to provide documentation verifying that you are living in the United States legally.

You will also have to fill in your personal information such as Social Security Number and date-of-birth. If your Social Security Number is not the part of your driver record than you will also have to provide documents to verify your Social Security Number.

In Case of Stolen card

In case your driver’s license was stolen then you have to file a police record. To request a new number for your driver license you need to do the following:

  1. Visit the nearest establishment to get your driver’s license.
  2. Complete the required paper work and application.
  3. The copy of the police report that you filed.

Important: It is at the discretion of the DPS to issue you a new number.

For Changing Information

In case you want to change your name, gender, or address on your driver’s license, then you will have to apply for a duplicate (replacement) card.

Change of Address

The State of Texas requires you to change the address on your driver license within 30 days after you move to your new residence.

You can request a duplicate in one of the following ways:

  1. In-Person
  2. Main-In
  3. Online

In- Person

In case you cannot send in your application online nor want to send it by mail then you need to go the driver license office in person. For address change you need to take your documents and completely filled application to the office.

Mail-In

In case you cannot go in person or cannot fill the application online then you can also mail in your complete application. You cannot avail this option if you have Commercial Driver License, for that you need to go in person. Mail the application written on top of the form. Make sure that you have signed the application and have also included the required fee which is $11.

Online

This is the easiest, most convenient and fastest way method to send the application for change of address.

Important: People are encouraged by DPS to change their address through Mail-In or Online if it is possible for them except for Commercial Driver license.

Name Change

If you want to change your name on your driver license then also you need to apply for a duplicate license. For that you need to:

Visit the nearby Driver License Office within 30 days of the change in name.

Present a valid document that verifies that you have indeed changed your name. This document should be original and not a copy of an original document. In case the document is not in English, then you also need to present a certified translation of the document.

The fee for a duplicate driver license is $11 irrespective of the reason of the change.