Section 20-35 - Penalties for violating Article; defense to driving without a license(a) Penalty. - Except as otherwise provided in subsection (a1) or (a2) of this section, a violation of this Article is a Class 2 misdemeanor unless a statute in the Article sets a different punishment for the violation. If a statute in this Article sets a different punishment for a violation of the Article, the different punishment applies.(a1) The following offenses are Class 3 misdemeanors:(1) Failure to obtain a license before driving a motor vehicle, in violation of G.S. 20-7(a).(2) Failure to comply with license restrictions, in violation of G.S. 20-7(e).(3) Permitting a motor vehicle owned by the person to be operated by an unlicensed person, in violation of G.S. 20-34. (a2) A person who does any of the following is responsible for an infraction: (1) Fails to carry a valid license while driving a motor vehicle, in violation of G.S. 20-7(a).(2) Operates a motor vehicle with an expired license, in violation of G.S. 20-7(f).(3) Fails to notify the Division of an address change for a drivers license within 60 days after the change occurs, in violation of G.S. 20-7.1.(b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 4.(c) Defenses. - A person may not be found responsible for failing to carry a regular drivers license if, when tried for that offense, the person produces in court a regular drivers license issued to the person that was valid when the person was charged with the offense. A person may not be found responsible for driving a motor vehicle with an expired drivers license if, when tried for that offense, the person shows all the following: (1) That, at the time of the offense, the person had an expired license.(2) The person renewed the expired license within 30 days after it expired and now has a drivers license.(3) The person could not have been charged with driving without a license if the person had the renewed license when charged with the offense.(d) Defense for Deployed Member of the Armed Forces of the United States. - A person may not be found responsible for driving a motor vehicle with an expired drivers license if, when tried for that offense, the person provides verifiable written proof of deployment and establishes the following:(1) The person was deployed as a member of the Armed Forces of the United States when the drivers license expired.(2) The person obtained a renewed drivers license within 30 days after returning from deployment.Amended by 2021 N.C. Sess. Laws 89,s. 2-a, eff. 12/1/2021.Amended by 2013 N.C. Sess. Laws 385,s. 4, eff. 12/1/2013.Amended by 2013 N.C. Sess. Laws 360,s. 18B.14-g, eff. 12/1/2013. (1935, c. 52, s. 29; 1991, c. 726, s. 14; 1993, c. 539, s. 324; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, s. 4..