7.719 — DRIVING WITHOUT A LICENSE WITHOUT KNOWLEDGE

Violations of "Statute 7.719" results in an Class D Misdemeanor


(a) Definitions

Driving without an issued license without knowledge is the act of operating a motor vehicle on public roadways without having been issued a valid driver’s license, while unaware that they lacked the necessary legal authorization to drive.

(b) Elements

To establish the offense of driving without a license without 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 has never been issued a valid driver’s license by the relevant licensing authority.

  • The defendant did not know, nor reasonably should have known, that they were required to have a valid driver’s license to operate a vehicle.

(c) Defenses

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

  • It shall be a defense if the defendant can prove they were genuinely unaware of the requirement to have a valid driver’s license at the time of the offense.

  • A defense may also exist if the defendant can show that they had been led to believe they were properly licensed or were misinformed by a trusted source.

  • Lack of intent or reasonable mistakes in the process of acquiring a license may also serve as a defense if proven by the defendant.

(d) Aggravating Factors

Even without knowledge, certain aggravating factors may result in increased penalties or additional charges, such as:

  1. Causing an accident resulting in property damage or injury while driving without a valid license.

  2. Driving under the influence of alcohol or drugs, even without knowledge of license requirements.

  3. Prior warnings or notices about the requirement to obtain a license that were disregarded.

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