7.713 — DRIVING ON AN INVALID LICENSE

Violations of "Statute 7.713" results in an Infraction, a fine of $1,200, possible towing of the current vehicle, with receiving an additional license point(s) of 4.

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(a) Definitions

“Driving on an invalid license” refers to the act of operating a motor vehicle on any public roadway while the operator’s driver’s license is no longer considered legally valid. This includes licenses that:

• Have expired or not been renewed in a timely manner,

• Were issued erroneously or under fraudulent conditions,

• Have been invalidated for any legal reason,

• Or no longer meet the identification and verification requirements set forth by licensing authorities.

Additionally, a driver’s license may be deemed invalid if the associated license photo card:

• Is missing or not presented when required by law enforcement,

• Contains outdated or incorrect personal information (e.g., name, address, license class),

• Has a photograph that does not comply with official DMV standards,

• Or has a photograph that is obscured or altered (e.g., by masks, non-prescription sunglasses, or other facial obstructions).

(b) Elements

To secure a conviction under this statute, the prosecution must prove beyond a reasonable doubt:

1. The defendant was operating a motor vehicle on a public road or highway.

2. The defendant’s driver’s license was invalid at the time of the incident, due to expiration, revocation, improper issuance, or non-compliance with photo ID regulations.

3. The defendant knew, or reasonably should have known, that their license was invalid.

4. The defendant continued to operate a motor vehicle despite the invalidity of their license.

(c) Defenses

A defendant may raise one or more of the following defenses against this charge:

• They were in the process of legally renewing, reinstating, or correcting their license at the time of the alleged offense.

• The license was deemed invalid due to a clerical or administrative error, and the defendant had taken reasonable and timely steps to resolve it.

• The defendant was unaware of the license’s invalidity due to lack of notification, DMV delays, or circumstances reasonably beyond their control.

• The photo or information on the license was compliant to the best of their knowledge and matched prior accepted standards.

(d) Aggravating Factors

The court may impose enhanced penalties if any of the following aggravating factors are present:

1. The defendant has a history of license violations, repeated driving offenses, or prior convictions under this or similar statutes.

2. The defendant operated a vehicle in a reckless or dangerous manner, posing a clear risk to public safety.

3. The defendant knowingly used a falsified or invalid license to avoid detection or legal consequences.

4. The defendant was engaged in other unlawful activities while driving on the invalid license (e.g., fleeing police, driving under the influence, or transporting contraband).

(e) License Photo Card Requirements

A valid Class C (Standard) Driver’s License must include a license photo card that meets the following standards:

1. Photograph:

   • Must be an official DMV-issued photo, a DMV-approved self-uploaded image, or a DMV-provided grayed-out placeholder (for certain exceptions).

   • Must show a clear, unobstructed image of the license holder’s face.

   • The use of masks, hoods, or face coverings is prohibited in the photo.

   • Non-prescription sunglasses, hats, or any object that obscures the eyes or facial features are not permitted. Prescription eyewear is allowed only if medically necessary.

2. Information Accuracy:

   • The card must reflect the most up-to-date and correct personal information, including legal name, residential address, and license class.

   • Any change of information (e.g., address change, legal name change) must be updated on the license within the legally specified timeframe.

Failure to comply with the above requirements renders the license invalid, even if it is not expired or suspended.