Driving without a driver’s license is a criminal offense in California. It is not a mere traffic ticket. “Driving without a Valid License” may appear to be minor, but it is still a misdemeanor. You could do jail time, and a conviction becomes part of your criminal record. In fact, a conviction for driving without a license is likely to appear on a background check. Consult with an experienced criminal defense attorney who may assist you in getting the offense reduced to an infraction or completely dismissed. You should not “go it alone” when faced with any crime that will affect your future. If you have been charged with driving without a license, contact our office to discuss your legal options. We can HELP!

Driving Without a License Law

According to California Vehicle Code Section 12500, you cannot drive in California without a valid driver’s license. The license must be specific to the type of vehicle you drive. For example, if you drive a motorcycle, you must be licensed to drive a motorcycle. Visitors to the state of California can drive with a valid license from their home state. However, once a driver becomes a resident of California, he or she must obtain a California driver’s license within 10 days of establishing residency. California residency is established in a variety of ways, such as voting in a California state election, paying resident tuition at a college or university and filing for a property tax exemption. If you have been cited for driving without a license, you or your attorney must appear in court on the date that appears on the citation. If you fail to do so, a bench warrant will be issued for your arrest.

It is relatively simple for the prosecution to convict a person of driving without a license. They must prove that you were driving. But you must prove that you do have a license. If you actually do have a license, but you were not able to produce it when you were pulled over, you will be charged with an infraction under California vehicle code section 12951. Once you prove to the court that you have a valid license, the charge is dismissed. If you have no driver’s license, or if your license is expired or invalid, you face the penalties outlined below.

Penalties For Driving Without a License

In California, Driving Without a License is a "wobblette,” meaning prosecutors can charge it as a misdemeanor or infraction. Your driving history is the main issue taken into account in determining whether to charge the violation as a misdemeanor. First time offenders are frequently charged with infractions, which are not considered criminal violations and do not go on your criminal record.

Misdemeanor Driving Without A License

• Up to 6 months in jail
• Up to a $1,000 fine, plus fees and penalties which can add thousands of dollars to the total fine
• Up to 3 years Informal probation
• Up to 30-day car impoundment.

• Up to $250 fine, plus fees.

Even if you have been charged with a misdemeanor, the prosecutor may agree to dismiss the charge or reduce it to an infraction if you are able to obtain your driver’s license within a reasonable period of timre. The experienced criminal defense attorneys of Rodriguez, Lewis & Kahn have had great success in convincing the prosecution to postpone the criminal proceedings to give a client time to obtain his or her license. In these circumstances, the misdemeanor charges have been reduced to infractions or dismissed completely.

Why was my Car Impounded

In Los Angeles your car is subject to being towed and impounded for 30 days if you drive a vehicle with a suspended license, a revoked license, or if you do not have a valid driver’s license. These laws (California Vehicle Code Sections 14602.6 and 14607.6) are strictly enforced in Los Angeles. If your car is impounded then you are subject to paying towing and impoundment fees for 30 days which could add up to well over $1000. In some cases, your car could be forfeited and sold off at auction.

Driving on a Suspended or Revoked License

Driving without a license under California Vehicle Code 12500 is not the same offense as driving on a suspended license. Driving on a suspended license (Vehicle Code 14601) is a misdemeanor and a more serious offense in California that comes with harsher penalties.

Illegal Immigrants Driving Without a License

As any California resident will tell you, it is difficult to work if you can’t drive. Only people with United States Citizenship or lawful Unites States residency may obtain a California driver’s license. Undocumented immigrants are prohibited from legally obtaining a California driver’s license. This results in a lot of immigrants driving without valid licenses. If an illegal immigrant is charged with driving without a license, there is no way to legally obtain one. Therefore, the option for having the misdemeanor reduced to an infraction or having a case dismissed can be very tricky. Getting the charge reduced or dismissed is extremely important, as having a criminal record may make it difficult for the individual to obtain a green card or citizenship in the future.

Defenses

Like any traffic offense in California, the initial traffic stop must be valid. The police officer cannot stop drivers arbitrarily, but must have a “reasonable suspicion” that a traffic violation has occurred. Therefore, if the traffic stop was not legal, then the case may be dismissed. If possible, however, promptly applying for and obtaining a valid driver’s license remains the best defense. Other potential defenses include the driver being unaware that the license was suspended, driving with a license you believed was valid in another state, or driving without a license due to an extreme emergency.

Los Angeles Criminal Defense Attorney

It may be tempting to simply accept a plea bargain offered by the prosecutor for Driving Without a License. But if you plead guilty to a misdemeanor charge, you are going to have a criminal record, which may harm you in the future, by appearing in background checks conducted by future employers, landlords, creditors, and personal acquaintances.

After carefully analyzing your circumstances, an experienced criminal defense attorney can help you resolve your case in a manner that is in your best interests. You have options. The attorneys of Rodriguez Lewis & Kahn have represented many individuals facing charges for Driving Without a License. We will aggressively protect your rights and freedom by providing you with the best legal defense available. We will provide you with accurate information, clearly communicate your options and answer your questions. Contact us to schedule a FREE, confidential consultation to discuss your case.