(a) Any person who drives a motor vehicle on any highway of this state who never applied for a license, or who drives after his or her application for a license has been refused, or after his or her license has expired, or who otherwise drives without a license, or at a time when his or her license to operate is suspended, revoked, or cancelled, for reasons other than those provided for in § 31-11-18.1 , may be guilty of a misdemeanor.
(b) Upon a first violation under this section, a civil penalty of not less than two hundred fifty dollars ($250), nor more than five hundred dollars ($500), shall be imposed. For the second violation, a civil penalty of not less than three hundred fifty dollars ($350), nor more than five hundred dollars ($500), may be imposed.
(c) Any person convicted of a third or a subsequent violation of subsection (a) shall be guilty of a misdemeanor and may, in the discretion of the sentencing judge, be imprisoned for a term not exceeding ninety (90) days, fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both. Additionally, the sentencing judge may suspend the person's license for a period not to exceed ninety (90) days.
(d) Notwithstanding the provisions of subsection (a), any person driving after his or her license has expired shall be issued a summons to appear in district court not fewer than ten (10) days after the issuance of the summons, and shall not be taken into custody based solely on this charge absent a warrant. Any person who shall cause his or her expired license to be reinstated by the division of motor vehicles within ten (10) days after issuance of the summons may present proof of reinstatement at the headquarters of the charging police department. Presentation of proof of reinstatement within ten (10) days after the issuance of the summons shall cause the summons to be voided and shall otherwise constitute a complete defense to the charge of driving after expiration of license and a bar to prosecution for that charge. Any convictions under subsection (c) shall be expunged pursuant to the provisions of chapter 1.3 of title 12. For the purposes of this subsection, each of the several state police barracks shall be considered as a separate police headquarters.
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