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

Question

My friend said she was sick and felt dizzy. I said I would take the wheel so we will not get hurt.

John Brennan · Answer

You have a potential defense if this was a true emergency.

Michael Palumbo · Answer

Yes.

Gregory Crain · Answer

Yes.

Mark Smith · Answer

No.

Stephen Freeborn · Answer

Yes, you could, but it is highly unlikely.  The judge will probably give you a suspended sentence.

Larry Dunn · Answer

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.

Michael J. Breczinski · Answer

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.

Francis Cowhig · Answer

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.

Eric Sterkenburg · Answer

Driving without a license is an infraction and is not punished by jail time.

Jeffrey Pollock · Answer

A good lawyer would ensure that you get a fine at most.

Dennis Roberts · Answer

Doubtful.  Bring your friend to court.  It's not a defense but hopefully the  judge will be sympathetic.

Steven Alpers · Answer

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.

James Osak · Answer

ARGUE "NECESSITY" as she was ill. You were taking her to a hospital? You could have called a cab you know.

Janis Blough · Answer

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!

Gary Moore · Answer

Not with the right way.

Jeff Yeh · Answer

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.

Jason Savela · Answer

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.

Russell Pietryga · Answer

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.

Terry Nelson · Answer

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.

Barbara A. Fontaine · Answer

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?)

William Spern · Answer

No. Just a big fine.

Leonard A. Kaanta · Answer

Problaby not, but the car you used could be immobilzed.

Robert De Groot · Answer

Yes, you can go to jail for this offense.

Stuart Nachbar · Answer

Probably not, you can probably plead this down to a lesser offense

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

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