CALIFORNIA CRIMINAL LAWYERS

Los Angeles Driving Without a License

Driving Without a License: Understanding California Laws and Penalties

In California, it is a legal requirement for all drivers, including those who move to California from another U.S. state or foreign country, to have a valid driver’s license to operate a motor vehicle. Driving without a driver’s license is considered a crime that can lead to criminal charges under the California Vehicle Code Section 12500 VC. It is thus essential to understand California laws and penalties for driving without a valid driver’s license.

Validity of Driver’s License in California

While a driver’s license does not have to be issued by the California Department of Vehicles, it must meet specific criteria. It must be valid and issued by the state in which you reside, and it must be for the type of vehicle you are driving, whether a car, motorcycle, commercial truck, among others.

Situations That May Lead to Criminal Charges Under Vehicle Code 12500 VC

Under California laws, driving without a valid driver’s license constitutes a criminal offense under Vehicle Code 12500 VC. The law applies to the following situations:

– Never holding a driver’s license
– Failing to renew an expired driver’s license
– Failing to obtain a California driver’s license after moving permanently to the state
– Ineligibility for a California driver’s license, such as illegal immigrants.

Criminal Penalties for Driving Without a Driver’s License

Driving without a valid driver’s license is classified as a misdemeanor, even though it is a relatively minor offense. Conviction can significantly impact your criminal record, and anyone charged with driving without a valid driver’s license must appear in court on the hearing date. Failure to follow through with court appearance results in the issuance of a bench warrant for your arrest.

The penalties for driving without a driver’s license are classified under a “wobbler” offense, which can be charged as either a non-violent infraction or a misdemeanor. Typically, the defendant’s driving history determines the classification of the offense. If it is the defendant’s first violation, the prosecutor tends to charge an infraction, which incurs a maximum fine of $250. In the case of a misdemeanor, the maximum penalty is six months in jail and a $1000 court fine.

Proving Driving Without a Valid Driver’s License

In Vehicle Code 12500 VC, the prosecutor must prove specific elements to find the defendant guilty of driving without a valid driver’s license, including:

– The defendant was driving a motor vehicle on a public highway.
– The defendant did not hold a valid California driver’s license when driving.
– The defendant was not excused from having a valid California driver’s license.

Possible Defense Strategies

If you are facing charges of driving without a valid driver’s license, it is advisable to contact a Los Angeles Criminal Defense Lawyer, who will explore various defense strategies, including:

– Invalid stop by police officers
– False accusation
– Inability to obtain a California driver’s license at the time.

Contacting a Reputable and Experienced Criminal Defense Attorney

If you have been charged with driving without a valid driver’s license under Vehicle Code Section 12500 VC, it is crucial to seek the services of a professional and experienced Criminal Defense Attorney. Our Los Angeles Criminal Defense Firm is well respected in the LA area, with years of combined experience in resolving driver’s license cases. We always work towards delivering the outcome possible for our clients. Contact us today for a free consultation, and let our top-notch team of lawyers defend your rights.

Penalties Table

Below is a table showing the possible penalties for driving without a valid driver’s license:

| Driving History | Penalty |
|—————-|—————|
| First Offense | Infraction |
| | Fine: $250 |
|—————-|—————|
| Misdemeanor | Six months in |
| | jail and |
| | Fine: $1,000|

Proving Driving Without a Valid Driver’s License

The prosecutor must prove specific elements to find the defendant guilty of driving without a valid driver’s license

To convict the defendant of driving without a valid driver’s license under Vehicle Code 12500 VC, the prosecutor must prove the following elements beyond a reasonable doubt:

Element One:

The defendant drove a motor vehicle on a public highway.
This element does not require the vehicle to be moving. It merely requires that the defendant had control over the motor vehicle while operating it on a highway.

Element Two:

The defendant did not hold a valid California driver’s license when driving.
This element requires the prosecutor to prove that the defendant did not have a current, valid California driver’s license when driving the motor vehicle. The law requires the driver’s license to be issued by the driver’s state of residence and for the type of motor vehicle being driven.

Element Three:

The defendant was not excused from having a valid California driver’s license.
This element requires the prosecutor to prove that the defendant was not exempted from obtaining a valid California driver’s license. The law exempts drivers of farm vehicles, military vehicles, and temporary residents in California, provided they have a valid license issued in their state of residence.