Is it illegal to ride in the car with my husband if he has no driver’s license? 36 Answers as of May 22, 2013

Could I be fined, arrested or jailed?

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Law Office of Michael E. Dailey
Law Office of Michael E. Dailey | Michael E. Dailey
If it is your car, you can be charged with allowing an unlicensed driver to operate your car. If it is not your car, then you are just making a bad decision because any insurance on the vehicle may be invalid with him driving including coverage for you in the event of a collision.
Answer Applies to: Missouri
Replied: 9/18/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
NO.
Answer Applies to: Michigan
Replied: 5/22/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Not unless you let him drive.
Answer Applies to: Michigan
Replied: 9/18/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
No. It is just stupid to place him and you at risk.
Answer Applies to: Pennsylvania
Replied: 9/18/2012
The Gardner Law Firm, PLC | Brandon Gardner
No.
Answer Applies to: Michigan
Replied: 5/22/2013
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    No.
    Answer Applies to: New York
    Replied: 5/22/2013
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    No. The passenger will not get in trouble in this setting probably.
    Answer Applies to: Colorado
    Replied: 9/18/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you gave him the car it is facilitation of unlawful operation and you can be arrested. If he has drugs in the car you can be arrested unless it is on his person. If he has a suspended license from a DWI he can get 6 months in jail and a misdemeanor conviction.
    Answer Applies to: New York
    Replied: 9/18/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. It's legal so far as I know.
    Answer Applies to: New York
    Replied: 9/18/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    No it is not illegal. However, after he is arrested, can you drive the vehicle home? IF not, then you will be stranded.
    Answer Applies to: Georgia
    Replied: 9/18/2012
    Steven Alpers | Steven Alpers
    No, but the car may be impounded and you could be forced to pay towing and storage fees which are expensive.
    Answer Applies to: California
    Replied: 9/18/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    It would be illegal for you to allow an unlicensed person to drive your car.
    Answer Applies to: New Jersey
    Replied: 9/18/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It is not illegal. You will not be charged with a crime for merely being in the auto with the unlicensed driver.
    Answer Applies to: Illinois
    Replied: 9/18/2012
    William L. Welch, III Attorney | William L. Welch, III
    Probably not, unless you own the car and you permit him to drive knowing that he may not.
    Answer Applies to: Maryland
    Replied: 9/18/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Not for you. But your husband can be arrested.
    Answer Applies to: Washington
    Replied: 9/18/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    No you cannot be charged.
    Answer Applies to: Kansas
    Replied: 9/18/2012
    Law Offices of Matthew M. Friedrich, PLLC | Matthew M. Friedrich
    If you own the car, there is definitely criminal exposure. It is less clear if you don't own the vehicle. MCL 257.326, the statute applicable to such a situation, states that "[n]o person shall knowingly authorize or permit a motor vehicle owned by him or under his control to be driven by any person in violation of any of the provisions of this act [a violation of the act would be driving without a valid license, etc.]" Bottom line: consider hiring an attorney to get your husband a license and, in the meantime, encourage him not to drive (as he is at significant risk of criminal charges and additional license sanctions).
    Answer Applies to: Michigan
    Replied: 9/17/2012
    Gates' Law, PLLC | Thomas E. Gates
    No.
    Answer Applies to: Washington
    Replied: 5/22/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    No.
    Answer Applies to: Nevada
    Replied: 5/22/2013
    Vargas Law Office LLC | Ronnie Ismael Vargas
    No, it is not illegal to be a passenger in a car being driven by an unlicensed driver.
    Answer Applies to: Wisconsin
    Replied: 9/14/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Perhaps, if you are "letting him drive". This is especially true if you are the owner of the car or the insurance policy on it. You would be seen as aiding and abetting a criminal activity. Be warned, insurance policies almost always exclude from coverage any known unlicensed drivers and therefore, when he is driving with your knowledge or permission there is no coverage of the car itself, or any liability which he incurs. You should really counsel with an attorney regarding the wisdom of you present or proposed actions. Everything you an he own may be in grave risk.
    Answer Applies to: Michigan
    Replied: 9/14/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    No.
    Answer Applies to: California
    Replied: 5/22/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    It is not illegal for you to ride in the car it would only be illegal for him to drive with no driver's license. Solution - You drive if you have a valid license.
    Answer Applies to: Alabama
    Replied: 9/17/2012
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