Driver's license; penalty for driving without. (HB104)

Introduced By

Del. Tom Rust (R-Herndon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Driving without a driver's license; penalties. Provides that any person charged with driving without having first obtained a valid driver's license shall be placed under arrest and shall have his fingerprints and photograph taken. Additionally, the person's vehicle is to be impounded for 30 days. Read the Bill »


02/08/2008: Merged into HB91


12/17/2007Prefiled and ordered printed; offered 01/09/08 080563404
12/17/2007Referred to Committee on Rules
01/18/2008Impact statement from DPB (HB104)
01/22/2008Referred from Rules
01/22/2008Referred to Committee for Courts of Justice
01/24/2008Assigned Courts sub: Criminal
02/08/2008Incorporated by Courts of Justice (HB91-Albo)


cook writes:

Driving without a license (as distinguished from driving on a suspended or revoked license) has always been treated as a relatively minor offense. It is a class two misdemeanor (first offense) and usually punished with a fine. Last year, driving without a license became subject to the so-called civil remedial fee, and now this proposal: going to jail and taking the car (with the related impoundment fees). Suddenly driving without a license has become a much more significant offense.

Of course, I think the real purpose behind this bill is anti-immigrant. Immigrants who cannot document lawful presence are not eligible to obtain a driver's license, and this proposal would insure that immigrants found to be driving (to work, to church, etc.) without a license will be jailed and perhaps detained by Immigration.

Of course, like any proposal that limits the discretion of the officers in the field, there would be unintended and unfortunate consequences. There are quite a few people - often poor folks - who are not immigrants and, for one reason or another, do not have a driver's license. These folks too would go to jail and lose their car (and perhaps, therefore, their jobs) under this too-broad proposal aimed at immigrants.

I hope the legislation fails.

Waldo Jaquith writes:

That's all very informative, Cook. I think that even those who disagree with your position on the bill will find that information valuable.

Timothy Watson writes:

David Albo introduced a bill (HB91) similar to this one.

Isn't Albo the head partner in a law firm that does traffic cases?

I'm just saying...

CG2 Consulting, tracking this bill in Photosynthesis, notes:

For a discussion of this bill and HB 91, read the entry on my blog, ChangeServant.

Claire Gastanaga writes:

You may find my blog entry on this bill (and companion legislation by Albo) of some interest.

Philip Jones writes:

I hope this legislation passes and I found Cook's argument weak. This is a matter of law and under Cook's form of government he(she) seems to pick and choose which laws are applicable to illegal aliens.

Illegal aliens without a driver license have killed many Americans in 2007. In Herndon we had a repeat offender who eventually killed one of our neighbors.

Convicted drunk drivers need to drive to and from work but I do not hear you use this same logic to justify them driving. Those who obey the law use a bicycle or public transportation.

It's called punishment

altin writes:

hey guys i was cought today without a valid drivers license and in additon of that i was speeding 60 in a 35 zone i know that its my bad and i never will do it again but can someone tell me what the maximum penaltie for this case is ? pleas help me

Tim McCormack writes:

@altin: This is the wrong place to ask. No one here is going to give you legal advice, which is what you need.