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• The defendant’s driver’s license had been revoked, but the defendant was unaware of the revocation due to a failure in communication or notification from the DMV.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