Have you been accused of driving without a license? Are you worried about how the penalties of a conviction could impact your life? When you have been charged under CA Vehicle Code 12500 – Driving Without a License, you may need the legal representation and advice of a Los Angeles DUI lawyer.
An experienced attorney can help you understand your legal options.
Although many states prosecute driving without a license as a traffic violation, it can be a criminal offense in California. This means you could be facing harsh consequences if you are found guilty. Let’s take a look at what this traffic code means to you.
What Is CA Vehicle Code 12500?
According to California Vehicle Code 12500, you can be charged with a criminal offense if you get caught driving without a license in California. You might be surprised to learn that this could be charged as a misdemeanor since it is considered a wobbler offense.
That means in certain circumstances, you may be able to avoid being charged with a misdemeanor and instead only face an infraction.
According to the law, anyone driving a vehicle on a highway is prohibited from doing so unless they have and are carrying a valid license. Some parties may be exempt from VC 12500 under limited conditions.
California Vehicle Code 12500 states:
When VC 12500 Charges Apply
Generally, drivers face charges under California Vehicle Code 12500 when they:
- Fail to renew an existing driver’s license
- Move to the state of California and fail to obtain a California state driver’s license within ten days
- Never get a driver’s license in the state of California
Driving without a license is not the same as driving with a suspended license.
Driving with a suspended license means your driver’s license has been actively suspended or revoked by the California Department of Motor Vehicles (DMV), whereas driving without a license usually means the carrier has an existing valid driver’s license but does not have it on them at the time they were stopped by a law enforcement officer.
The Elements of the Offense
Suppose the prosecutor hopes to obtain a guilty verdict for driving without a license according to California Vehicle Code 12500. In that case, they must show that the elements of the offense have been met. The characteristics of the crime of driving without a license in the state of California include:
- You were driving on a street or highway.
- You did not have a valid driver’s license with you at the time you were driving.
This does not necessarily mean the California DMV must have issued your license. However, your driver’s license must be valid in the state or country it was issued to avoid charges under CA VC 12500.
Penalties for Driving Without a License Under CA Vehicle Code 12500
The legal consequences you could face for driving without a license under CA Vehicle Code 12500 can vary widely depending on whether you were charged with a non-criminal infraction or a misdemeanor offense.
Generally, if you are convicted of an infraction for driving without a driver’s license, you could be fined as much as $250. You are more likely to receive an infraction if this is the first time you are being accused of license violations.
However, if you have previously been accused of driving without a license, this subsequent offense is more likely to result in misdemeanor charges. If you are convicted of a misdemeanor offense under VC 12500, you could be ordered to pay a fine as high as $1,000 and spend as much as six months in county jail.
Collateral Fallout of a CA Vehicle Code 12500 Conviction
If you are found guilty of an infraction or misdemeanor offense under CA Vehicle Code 12500, your entire life could be affected. If your driver’s license is suspended, you could find it difficult or impossible to continue working or earning a living. This may make it impossible for you to support yourself and your family.
Furthermore, your auto insurance rates are likely to increase. If they become too expensive, you may find it difficult or impossible to keep your vehicle on the roadways. Your criminal record will also reflect a conviction if you are found guilty of a misdemeanor offense.
This could have a negative impact on your ability to obtain federal student aid, find safe housing, or even obtain gainful employment. Other risks include:
Issues with immigration or citizenship, including the potential for deportation
- Loss of firearm rights
- Problems with child custody or visitation rights
- The shame and embarrassment associated with a criminal conviction
It is crucial to ensure you have a valid driver’s license and comply with California state laws to avoid facing the serious consequences of driving without a license.
If you find yourself in this situation, it is important to work with a Los Angeles DUI attorney.
Do Not Forget About SR-22 Insurance
Criminal penalties and collateral consequences aside, you also need to be prepared to deal with the financial implications of a VC 12500 conviction. If you are found guilty, you be required to:
- Pay the cost to put an interlock in your car
- Pay restitution to victims
- Pay court costs
You will also need to be prepared to deal with the financial consequences of increases to your auto insurance premiums. After a conviction, you must provide your insurance company with an SR–22 insurance form.
You will be declared a risky driver when this happens, and your insurance rates will likely increase. Depending on your criminal history and the number of DUIs on your record, it may be too expensive for you to keep your vehicle insured.
SR-22 insurance coverage will likely be required for several years before you can prove to insurance companies that you are no longer a dangerous driver. By working with a criminal defense attorney, you may be able to obtain an acquittal or enter a plea agreement to avoid some of the harsh consequences of a guilty verdict.
How to Handle a CA Vehicle Code 12500 Charge
When you have been charged with a misdemeanor or received an infraction for driving without a license, there are ways you could go about challenging the allegations against you. Your options could include the following:
- Showing you have a valid driver’s license in another state or country
- Showing that you are exempt from having a valid driver’s license
- Showing that you had a driver’s license, but it was simply not in your possession at the time of the traffic stop
- Showing that you were not driving at the time of the incident
Alternatively, we may be able to get your misdemeanor charges reduced to an infraction if there are no aggravating factors present and you are a first-time offender.
Your attorney can further analyze the details of your case to determine how to avoid a conviction for driving without a license under CA Vehicle Code 12500.
Can My Car Be Impounded?
In California, driving without a license, also known as VC 12500 violations, can lead to severe consequences, including the impoundment of your vehicle.
While not every instance of driving without a license will result in your car being impounded, it is a possibility if you have prior convictions on your record.
If the police officers do decide to impound your vehicle, they can hold it for up to 30 days. During this time period, you will likely have to pay a fee to the vehicle impound lot in order to retrieve your vehicle once the impound period has ended.
The Type of Vehicle You Are Driving Can Have an Impact
The type of vehicle you are driving can also impact the consequences of driving without a driver’s license. For example, if you are caught by law enforcement driving a commercial motor vehicle, such as a bus, without a valid commercial license, the penalties may be more severe.
Additionally, if you are caught driving a motorcycle without the proper endorsement on your license, you could face additional charges.
Get Help From a Driving Without a License Lawyer in California Today
Although driving without a license may seem harmless, you could face severe legal repercussions when you have been charged under California law. Jail time, points on your driving record, misdemeanor charges, or even criminal charges may be possible.
Protect yourself when you have been charged under CA Vehicle Code 12500 – Driving Without a License by contacting a qualified DUI attorney as soon as possible.
When you believe your driving privileges are at stake, schedule a free consultation with a dedicated Los Angeles DUI lawyer to learn more about how to approach your defense strategy best. You can fill out our secured contact form or call us to start working on your case as soon as today.
