(a) Every licensee shall have his or her driver’s license in such person’s immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of a magistrate, municipal judge, circuit court judge, peace officer or an employee of the Division of Motor Vehicles.
(b) However, no person charged with violating this section shall be convicted if such person produces in court or the office of the arresting officer a driver’s license theretofore issued to such person and valid at the time of such person’s arrest.
(W.Va. Code § 17B-2-9)