7.718 — DRIVING WITHOUT A LICENSE WITH KNOWLEDGE

Violations of "Statute 7.718" results in an Class C Misdemeanor with receiving an additional license point(s) of 6.

(a) Definitions

Driving without a license with knowledge refers to operating a motor vehicle on public roads or highways without holding a valid driver’s license, where the defendant is fully aware that they do not possess a legal, valid license. This offense applies to individuals who knowingly drive a vehicle without proper licensing, which may involve the individual’s license being expired, suspended, revoked, or simply nonexistent. The defendant’s awareness of their lack of a valid license is a key component of this charge.

(b) Elements

To establish the offense of driving without a license with knowledge, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant was operating a motor vehicle on a public road or highway.
The defendant did not hold a valid driver’s license at the time of the incident.
The defendant knew or should have known that their driver’s license was invalid, expired, suspended, revoked, or non-existent.
The defendant intentionally operated the vehicle despite knowing they lacked a valid driver’s license.

(c) Defenses

Defenses against a charge of driving without a license with knowledge may include:

The defendant was unaware that their driver’s license had expired or been suspended, and they took reasonable steps to renew or rectify the issue.
The defendant had a valid driver’s license that was not properly recognized due to an administrative error or misunderstanding with the DMV.
The defendant’s driver’s license had been revoked, but the defendant was unaware of the revocation due to a failure in communication or notification from the DMV.
The defendant was relying on the belief that they had been granted a temporary or provisional license that was valid for driving.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant has a history of prior offenses involving driving without a license or other traffic violations.
The defendant’s failure to hold a valid license led to a traffic accident or contributed to significant damage or injury.
The defendant was driving recklessly, under the influence of alcohol or drugs, or engaged in other dangerous activities while driving without a license.
The defendant had previously been warned or cited for driving without a license and continued to drive despite the knowledge of the legal consequences.

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(a) Definitions

(b) Elements

To establish the offense of driving without a license with knowledge, the prosecution must prove beyond a reasonable doubt the following elements:

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

The defendant did not hold a valid driver’s license at the time of the incident.

The defendant knew or should have known that their driver’s license was invalid, expired, suspended, revoked, or non-existent.

The defendant intentionally operated the vehicle despite knowing they lacked a valid driver’s license.

Defenses against a charge of driving without a license with knowledge may include:

The defendant was unaware that their driver’s license had expired or been suspended, and they took reasonable steps to renew or rectify the issue.

The defendant had a valid driver’s license that was not properly recognized due to an administrative error or misunderstanding with the DMV.

The defendant’s driver’s license had been revoked, but the defendant was unaware of the revocation due to a failure in communication or notification from the DMV.

The defendant was relying on the belief that they had been granted a temporary or provisional license that was valid for driving.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant has a history of prior offenses involving driving without a license or other traffic violations.

The defendant’s failure to hold a valid license led to a traffic accident or contributed to significant damage or injury.

The defendant was driving recklessly, under the influence of alcohol or drugs, or engaged in other dangerous activities while driving without a license.

The defendant had previously been warned or cited for driving without a license and continued to drive despite the knowledge of the legal consequences.