What is Driving with No Permit in DC?

What is Driving with No Permit in DC?What is Driving with No permit in DC?  Driving with no Permit in DC is defined as operating a motor vehicle in the District of Columbia without a driver’s license in any State in the United States.   It is misdemeanor traffic offense codified at § 50–1401.01(d) and carries a maximum penalty of 90 days in jail and/or $500.00 dollar fine.  

Will I go to Jail for a No Permit Charge in DC

No attorney can promise you whether you will go to jail; however, in 22 year  of criminal practice 99 percent of the people charge with driving witout a permit do not go to jail in the District of Columbia.   Now, if this is your 5th No permit charge, well you may push a Judge’s patience.  

How does the prosecutor prove a "No permit" charge in the District of Columbia?

The Prosecutor only has to prove two things in order to convict someone of Driving without a permit in the District of Columbia:

  • The Person was operating a vehicle (just behind the wheel, car does not even have to be turned on)
  • The person did not have a driver’s license.
Feel free to read our blog on how they prove my no permit charge in DC. 

So How are most No Permit Charges Resolved?

Most driving without a permit charges are resolved without a trial with dismissal of the case.    The reason while most driving without a permit charges are resolved without a trial is because most cases are eligible for diversion, a way of dismissing the case without a need for a trial.  

What if I did not know my driver's license had expired in my State?

Generally, not knowing is not defense at trial for driving without a license.  In other words, its strict liability – either you had a license or you did not.   

What if I did not have my driver's license but before my hearing I get it?

That would be excellent!  Usually prosecutor’s take the fact that you got your license while the case was pending into account.  Getting your driver’s license is a big help to resolving your case. 

Will I Have Points on my Driver's License Record If Convicted of driving without a license

No.  There are no driving Points associated with a No Permit Conviction.  However, most people are not convicted of a No Permit charge in the District of Columbia. 

Will I have a Criminal Record if convicted of Driving without a license?

As stated previously you should be able to get your case dismissed without a record so you should not a criminal record?   However,  If you plead guilty or found guilty after trial you would have a criminal conviction on your record.   This record can be sealed.  

Will I have a Criminal Arrest Record?

Yes you will have a criminal arrest record if you were arrested by the police for driving without a driver’s license.    This may be sealed.  

Can I seal a No Permit Conviction or An Arrest?

Yes you can seal a no permit conviction after the statutory time period has expired.  If you were convicted you would have to wait 8 years to seal the conviction.  If you case was dismissed by diversion you can seal the arrest within 2 years after resolution of the case.   If you were actually innocent of the charges you could move the Court to seal immediately.  

Should I hire a Lawyer for driving without a license in the District of Columbia?

Obviously we think you should because although not a serious crime, its still classified as a misdemeanor.  Most people should not be worried  about jail for a no permit charge.  However, the objective is to protect your background, you do not want a criminal record as a result of a No permit charge.  

Whats the Difference between a Driving without a license (No Permit) and an Operating After Suspension charge?

Driving without a license (No permit) charge usually means you do not have a driver’s license at all.   Sometimes the person charged did not renew their driver’s license and so the DMV system does not show a current driver’s license.    Operating after suspension or Operating After Revocation is worse because it means your license was suspended or revoked usually for a traffic offense and therefore, you should have known.   

Arrested No Driver's License in DC?

Arrested for no permit in the District of Columbia.  We have handled hundreds of No permit cases in the District of Columbia.