California Driving Without A License Attorney – Vehicle Code 12500(a) VC

Do I Need To Get A Driving Without A License Lawyer?

If you are facing charges of driving without a driver’s license, you should consult with a criminal defense lawyer for help. The skilled lawyers at My Rights Law have effectively defended countless Californians charged with driving offenses. To learn more, reach out to My Rights Law’s traffic violation lawyer by calling (888) 702-8882 or filling out our secure web form.

What Does It Mean To Drive Without A Driver’s License?

Driving a motor vehicle without a valid driver’s license is unlawful. Driving without a driver’s license can be charged as an infraction[1] or a misdemeanor. If the prosecutor charges you with a misdemeanor, it could go on your criminal record.

Depending on the circumstances, you may face several potential charges for driving without a valid driver’s license. The charge will differ depending on whether you have a valid driver’s license not physically present or whether you even have a driver’s license at all. Driving on a suspended or revoked license is a different violation than driving without a driver’s license.

What Does It Mean To Have A Valid Driver’s License?

To be valid, a driver’s license must not be expired, be issued by your home state, and issued for the type of vehicle you drive.

What Is The Law For Driving Without A Driver’s License Law In California?

In California, driving a vehicle on a public road without a valid driver’s license is a crime. After permanently moving to California, you should obtain a California driver’s license. Failing to do so is considered driving without a driver’s license. It is unlawful to operate a motor vehicle if you have never been issued a driver’s license. Driving without your driver’s license in your possession is an infarction.

What Are The Penalties For Driving Without A Driver’s License In California?

If you receive an infraction, you can receive a fine of up to $250[3]. If the Court convicts you with a misdemeanor, you could be sentenced to up to 6 months in the county jail and fined up to $1,000[4]. If you are a repeat offender, your vehicle can be impounded for up to 30 days.

What Are Some Defenses To Driving Without A Valid Driver’s License?

Your license was valid when you were stopped. For example, you were stopped on October 11, 2021, and you received a ticket for driving on an expired license. However, your license did not expire until October 12, 2021. The prosecutor should not charge you with driving without a driver’s license.

Your license was valid but issued in another state[5]. For example, you visited your family in California for a long weekend and drove from Illinois. You were pulled over and showed the police officer your Illinois driver’s license. You are not a permanent resident of California. Thus, you do not need to have a California driver’s license. Therefore, the prosecutor should not charge you with driving without a license.

You were not driving the vehicle. For example, if you were in the passenger seat, not controlling the motor vehicle when the police pulled the driver over. The prosecutor should not charge you with driving without a driver’s license because you were not driving the motor vehicle.

Necessity or emergency. An example of necessity or emergency could be if your pregnant wife is in labor and you are driving her to the hospital. A police officer then pulls you over, and you do not have your physical driver’s license on your person because you forgot it at home before leaving for the hospital. In this case, the prosecutor should not charge you with driving without a driver’s license because you did so because it was an emergency.

What Will Happen If You Drive A Vehicle With A Suspended Driver’s License?

You are not permitted to drive a motor vehicle after your driver’s license has been suspended. If you drive on a suspended license, the prosecutor can charge you with multiple misdemeanors. To convict you for driving on a suspended license, the prosecutor must prove that you were driving a motor vehicle on a suspended license while knowing that it was suspended.

If you drive on a suspended license, it can be more challenging to reinstate your driver’s license. A conviction for driving on a suspended license can cost you thousands of dollars. In some cases, the Court can sentence you to months in the county jail. However, under certain circumstances, with the help of a lawyer, you can have your driver’s license reinstated or have your suspension shortened.

California Driving Without A Driver’s License Lawyers

If you are charged with driving without a driver’s license, you should consult with a lawyer because they can help you fight the accusations. The experienced criminal defense lawyers at My Rights Law are here for you. To learn more, reach out to My Rights Law by calling (888) 702-8882 or contacting us through our secure web form.

Other traffic violations crimes we defend include: Hit And Run Defense

FOOTNOTES
[1] California Vehicle Code 40000.11
[2] California Vehicle Code 14601
[3] Penal Code 19.8 PC
[4] Penal Code 19 PC
[5] California DMV Handbook