criminal-law civil-law civil-procedure washington
Traffic Violation Question
<p>If a police officer stops someone for a traffic violation and they don't have a driver's license and no identification at all, what is the charge?</p>

<p>It is hard to explain in plain English. The bottom line is that this is the misdemeanor driving without a license. </p>

<p>The worst case is driving with a revoked license: that is a gross misdemeanor. The second worst case is driving with neither valid ID nor a current or expired license. Under <a href="http://app.leg.wa.gov/RCW/default.aspx?cite=46.20.005" rel="nofollow noreferrer">RCW 46.20.005</a>, it is a misdemeanor to drive without a license.</p>

<blockquote>
  <p>Except as expressly exempted by this chapter, it is a misdemeanor for
  a person to drive any motor vehicle upon a highway in this state
  without a valid driver's license issued to Washington residents under
  this chapter. </p>
</blockquote>

<p>But there is an exception which says that "other laws apply here":</p>

<blockquote>
  <p>This section does not apply if at the time of the stop
  the person is not in violation of RCW 46.20.342(1) or {former
  46.20.420 →} 46.20.345 and has in his or her possession an expired driver's license or other valid identifying documentation under RCW
  46.20.035.</p>
</blockquote>

<p>Those other sections are about driving with a revoked license, a gross misdemeanor. If you have an expired license, this section does not apply (a more serious crime is involved). If you have valid ID, this section does not apply (a less serious crime is involved). </p>

<p>It is a traffic infraction and not a misdemeanor under <a href="http://app.leg.wa.gov/RCW/default.aspx?cite=46.20.015" rel="nofollow noreferrer">RCW 46.20.015</a> if all of the following conditions are true: the person</p>

<blockquote>
  <p>Drives any motor vehicle upon a highway in this state without a valid
  driver's license issued to Washington residents under this chapter in
  his or her possession; (b) Provides the citing officer with an expired
  driver's license or other valid identifying documentation under RCW
  46.20.035 at the time of the stop; and (c) Is not driving while suspended or 
  revoked in violation of RCW 46.20.342(1) or *46.20.420.</p>
</blockquote>

<p>That means that you can drive with just a passport (state ID card, military ID etc), and the price is a traffic ticket. But you can reduce the penalty by getting a drivers license:</p>

<blockquote>
  <p>(2) A person who violates this section is subject to a penalty of two
  hundred fifty dollars. If the person appears in person before the
  court or submits by mail written proof that he or she obtained a valid
  license after being cited, the court shall reduce the penalty to fifty
  dollars.</p>
</blockquote>

<p>In case you think you can just take your chances and at most get stuck with a traffic ticket, also note <a href="http://app.leg.wa.gov/RCW/default.aspx?cite=46.20.317" rel="nofollow noreferrer">RCW 46.20.317</a>:</p>

<blockquote>
  <p>The department is hereby authorized to place any unlicensed person
  into a suspended or revoked status under any circumstances which would
  have resulted in the suspension or revocation of the driver's license
  had that person been licensed.</p>
</blockquote>

<p>If you're a frequent illegal driver, they can revoke your non-existent license, and now you're driving with a revoked license. The maximum penalty for a gross misdemeanor is 364 days in prison and $5,000 fine.</p>
