Partner at Charbonnet Law Firm LLC

Practice Areas: Car Accident, Personal Injury

The consequences could be more severe than just the fine if you’re caught speeding or driving with an expired license. The combination of these two violations can lead to additional penalties, a higher insurance rate, and other complications.

Understanding these issues can help you take the proper steps when dealing with traffic violations. Read on to learn how speeding and driving with an expired license can impact you and how to navigate the legal challenges that follow.

What Does It Mean to Drive with an Expired License?

An expired driver’s license is a license that is past its validity date and has yet to be renewed. In most states, your license is valid for several years before you have to renew it. It becomes expired if you fail to renew it on time.

Driving with an expired license is a traffic violation that can lead to various penalties. Examples include fines and possible suspension of your driving privileges.

Sometimes, drivers may not be aware of their license expiration date until they are pulled over. However, ignorance is not a valid defense in most jurisdictions.

What Should You Do?

The best approach is to monitor your license renewal date. Most states offer online renewal services, email reminders, and/or even app notifications to make this process easy. Renewing your license as soon as possible is essential if it does expire.

Important Note: Driving with an expired license can result in fines or even license suspension, depending on your jurisdiction.

What Are the Legal Consequences of Speeding with an Expired License?

The legal consequences of speeding and driving with an expired license may be more severe than they would be for either of these violations individually. Speeding is already a violation, but adding the expired license into the mix can result in increased fines, points on your driving record, and a higher risk of license suspension.

Here’s how the two violations interact:

Speeding Offenses

Speeding is a common traffic violation. Penalties depend on how much you exceed the speed limit. Generally, you can expect:

  • A fine based on the speed over the limit
  • Points are added to your driving record, which can affect your insurance rates.
  • Possible jail time if the speeding is considered reckless or criminal

Expired License Penalties

For an expired license, the penalties can vary by jurisdiction, but typically include:

  • A fine
  • Possible license suspension, especially if it’s been expired for an extended period
  • If pulled over for a second offense, a more significant fine or even the potential for criminal charges in certain situations

Did You Know?

Speeding with an expired license may increase your risk of suspension and could make it harder to get your license renewed.

Penalty Comparison Table:

Offense Potential Jail Time Potential Fines License Suspension Other Consequences
First Offense – Up to 6 months total

– At least 5 days mandatory

– Maximum $1,000

– Minimum $300 mandatory

– Could be suspended for as long as 6 months – Possible requirement to complete ~32 hours of community service
Second Offense – Up to 1 year total

– At least 10 days mandatory

– Maximum $2,000

– Minimum $500 mandatory

– Minimum of 6 months and up to 2 years – Increased fees for reinstating your license
Subsequent

Offenses

– Up to 5 years total

– Minimum 30 days mandatory

– Maximum $5,000

– Minimum $500 mandatory

– At least 1 year, often longer – Additional penalties (vehicle impoundment, house arrest, or extended service hours)

 

Factor Impact on Penalties
Driving Under the Influence (DWI) Can result in heightened fines, extended license suspension, and more time in jail
Excessive Speeding Judges often see this as risky behavior, which can lead to larger fines and a longer possible jail term
Accidents Involving Injury Any injuries caused by an unlicensed driver can lead to felony charges (e.g., reckless endangerment) and significant legal penalties
Driving on a Suspended/Revoked License Courts may impose extra fines, extend suspension periods, and potentially sentence violators to additional jail time

Reference: https://www.lahighwaysafety.org/resources/traffic-safety-laws/

Common Defenses in Speeding and Expired License Cases

There may still be ways to defend yourself, even if you’ve been cited for speeding and driving with an expired license. While these defenses don’t guarantee the dismissal of your charges, they can reduce the penalties or even result in the dismissal of some charges.

Unaware of the Expiration Date

Sometimes, motorists drive without licenses because they’re genuinely unaware their licenses have expired. Most states don’t accept a lack of knowledge as a defense. It’s still your responsibility to renew your license before it expires.

Medical or Personal Emergency

Sometimes, individuals may drive despite an expired license due to an emergency. This doesn’t automatically invalidate the violation. However, you could present your case and potentially reduce penalties if the emergency was valid and urgent.

Technical Issues with License Renewal

In rare cases, technical issues with the Department of Motor Vehicles (DMV) delay the license renewal process. Documentation from the DMV showing the reason for the delay could be presented as evidence to theoretically minimize the consequences.

Important Note: Even if you have a valid defense, it’s always recommended to consult with an attorney. They can help you navigate the legal process and provide guidance on the best course of action.

How to Handle an Expired License and Speeding Ticket

Immediately take the following steps if you’ve been ticketed for speeding or driving with an expired license:

Renew Your License Immediately

Renew your license ASAP upon realizing it’s expired. Renewing your license online is an option in some states. The quicker you do this, the better it looks in court or during any legal proceedings.

Review the Ticket Carefully

Make sure all the information on the ticket is correct. This includes your name, license plate number, and the violation. Pointing out discrepancies could help your case.

Pay the Fine or Contest the Ticket

Paying a fine is sometimes the simplest way to avoid further complications. However, contesting the ticket might be a better option if you have valid defenses.

Are you facing traffic violations related to speeding or expired licenses? Our experienced attorneys can guide you through the process and help you minimize the impact on your driving record and insurance.

Consider Consulting a Lawyer

Unsure of how to handle this unique situation? It’s wise to contact an experienced lawyer. They can assess your case and help you navigate the legal system, potentially helping to reduce penalties or avoid them entirely.

How to Avoid These Issues: Best Practices for Drivers

The best way to deal with speeding and expired license issues is to avoid them altogether. Here’s how to keep things running smoothly:

Keep Track of Your License Renewal Date

Most states provide email reminders, mobile apps, or online services to help drivers track license expiration dates. Set up reminders well before your license expires to avoid unnecessary issues.

Obey Speed Limits

Obeying speed limits is essential for safe driving. Speeding not only increases the chance of an accident but can also lead to costly fines and penalties that will impact your driving record and insurance premiums.

Take Defensive Driving Courses

Taking a defensive driving course can often help reduce penalties if you’ve been caught speeding or had issues with your license. Check with the court or your local DMV to see if this is an option.

Important Note: Staying up-to-date on your license status and driving habits can help you avoid the complications of expired licenses and speeding tickets.

FAQs

Can I get arrested for driving with an expired license?

It’s unlikely to get arrested for a first-time offense of driving with an expired license. However, if you are arrested, the penalties can be severe, especially if you’re caught with other violations like speeding or reckless driving.

How long do I have to renew my license after it expires?

It depends on the state. Many states allow a grace period of 30 to 60 days. It’s best to renew your license as soon as possible to avoid penalties.

Will my insurance go up if I get caught speeding with an expired license?

Yes, insurance premiums may increase if you are caught speeding, especially if you are also driving with an expired license. Being proactive in maintaining a valid driver’s license is essential to avoid further issues.

What should I do if I get a speeding ticket and my license is expired?

Renew your license immediately, review the ticket, and consider contesting it if you have valid defenses. Consulting with a lawyer can help guide your next steps.

Can I avoid penalties if I didn’t know my license expired?

Lack of knowledge is generally not a valid defense. However, you can present your case in court and potentially reduce the penalties with legal representation.

Get Help After Being Caught Speeding and Driving With an Expired License

Speeding and driving with an expired license can result in serious consequences. These may include fines, legal penalties, and a higher insurance rate. Staying on top of your license renewal and obeying traffic laws is the best way to avoid these issues.

Have you been caught driving with an expired license? If so, take the necessary steps to renew your license, contest the ticket if needed, and consider consulting with an experienced car accident attorney who can help protect your driving record and reduce the impact of these violations.

Don’t navigate the complexities of the law alone if you’re facing speeding or expired license violations. Contact Charbonnet Law Firm today for professional guidance and legal representation. Our team is dedicated to helping you protect your rights and minimize penalties.

With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.

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