If you’ve been ticketed under CA Vehicle Code 12951(a) – failing to present a driver’s license, you could face severe penalties. Understanding the law and the consequences you may face if convicted can help you navigate the legal process effectively.
That said, the laws that govern the operation of motor vehicles can be difficult to understand. Fortunately, a Los Angeles DUI lawyer can explain the vehicle codes that apply to your case and fight the charges you’re facing. With an experienced attorney by your side, you’ll have the best chance possible of getting your charges dropped.
What Is CA Vehicle Code 12951(a) – Failing to Present a Driver’s License?
Under California Vehicle Code §12951, it is an infraction to drive without possession of your driver’s license. You can also face misdemeanor criminal charges under CA Vehicle Code Section 12951(a) if you refuse to provide law enforcement officers with your driver’s license should they make such a request.
According to the law, you can be convicted of failing to present a driver’s license if the following statements apply to your situation:
- You were driving a motor vehicle
- A law enforcement officer requested that you provide them with a valid driver’s license
- You refused to comply with the police officer’s request and did not provide them with a driver’s license
If the above-listed statements apply to your case, you could face a damaging conviction. To avoid the consequences that come with such a conviction, you’ll want to work with an experienced attorney. A lawyer can use evidence to build a defense case and combat your charges in court.
Consequences of a Conviction Under CA Vehicle Code §12951(a) – Failing to Present a Driver’s License
If you are found guilty under California Vehicle Code Section 12951(a) – failing to present a driver’s license, the penalties could be more severe than you thought. Driving without possession of your driver’s license is an infraction, punishable by a fine of up to $250.
However, if you refuse to provide police officers with your driver’s license, you could face criminal misdemeanor charges, punishable by a fine as high as $1,000 and as much as six months in county jail.
It is possible that you could be sentenced to probation in lieu of jail time, depending on the specific details of your case. Your attorney can closely evaluate your criminal record and the details of your arrest to determine the severity of the consequences you are facing and how to best approach your defense strategy.
Offenses Related to CA Vehicle Code §12951
There are multiple offenses related to California Vehicle Code §12951(a) – failing to present a driver’s license. Some of the more common types of charges you could face include, but aren’t limited to, the following:
Resisting Arrest
According to California PC §148, when you delay, resist, or obstruct the police in their official duties, you could be charged with resisting arrest. This is a misdemeanor offense, punishable by as much as one year in county jail and fines as high as $1000.
Driving Without a License
Under California VC §12500, driving without a license will typically be prosecuted as a traffic violation as opposed to a criminal offense. You could face this infraction if you were previously unlicensed, failed to obtain your California resident driver’s license, or failed to renew your existing driver’s license.
Providing False Identification to a Police Officer
California PC §148.9 prohibits you from providing false identification to law enforcement. If you are charged with this misdemeanor offense, you could face up to six months in jail. To avoid imprisonment and a mark on your permanent record, you’ll want to hire an experienced legal representative.
How to Defend Yourself Against VC §12951 Charges
Challenging the allegations under California VC §12951(a) – failing to present a driver’s license can be challenging. Although the statute specifically states that charges should be dismissed if you can produce a valid driver’s license in court, you could have a hard time getting charges dropped if you’ve been charged with this offense before.
If your existing license was an interim, temporary, or duplicate license, and you can prove that the California Department of Motor Vehicles (DMV) did not issue the license prior to your arrest, you may be able to get your charges dismissed. Other potential defenses you could use to challenge the charges against you include:
You Were Not the Driver of the Vehicle
If you were not operating a vehicle at the time of the police stop, you should not be charged under California Vehicle Code Section 12951(a). You are under no legal obligation to carry your valid driver’s license with you if you are not going to be operating a vehicle and will only be traveling as a passenger.
Police Did Not Have Probable Cause
Under the law, police must have probable cause to believe you have committed a criminal offense in order to stop your vehicle. If the police do not have any reason to believe that you have committed an offense, they have no legal right to stop your vehicle.
You Had a Valid Driver’s License at the Time of the Stop
You can only be convicted under California Vehicle Code §12951(a) if you didn’t have a valid driver’s license in your possession at the time of the traffic stop. If your attorney can show that you did have your valid driver’s license at the time of the stop, the judge may dismiss the charges against you.
These are just a few of the ways in which you could challenge the allegations against you. Your attorney may be able to work with the prosecutor in your case to obtain a plea agreement or pretrial diversion program, depending on the circumstances of your case.
However, if aggravating factors exist, the state is less likely to be willing to work with you. Explore your potential defenses further during your initial consultation with your attorney.
How a Lawyer Can Combat Your Charges
If you’re facing charges under CA Vehicle Code 12951(a) – failing to present a driver’s license, you’ll want to hire an experienced attorney. A lawyer can take the following steps to fight your charges and help you avoid the penalties that come with a conviction:
- Investigate the traffic stop and gather important evidence
- Collect testimony from others who were in the vehicle and other eye-witnesses
- Explore your possible defenses and form a strong legal argument based on evidence
- Negotiate a plea bargain with prosecutors
- File court motions and other important documents
- Represent you at trial and present compelling legal arguments
- Address any questions or concerns you have about your case
As you can see, having a committed attorney is invaluable when facing charges under CA Vehicle Code 12951(a) – Failing to Present a Driver’s License.
However, not all attorneys are equally equipped to address these charges. When selecting a representative, you’ll want to look for someone who has experience handling cases like yours. That way, you’ll have the best chance possible at getting a fair outcome.
How To Find the Right Lawyer for Your Case
In addition to looking for an attorney who has experience with cases regarding CA Vehicle Code 12951(a) – failing to present a driver’s license, you’ll want to look for several other qualities in an advocate. Make sure to ask a lawyer the following questions before you hire them:
- What is your track record of success with cases like mine?
- Can you provide me with testimonials from your previous clients?
- How are fees handled?
- How often will we communicate about my case?
- Can you tell me about your previous trial experience?
- How long have you handled cases like mine?
If you’re satisfied with an attorney’s answers to these questions, they’re probably the right choice for your case. Remember, a conviction could have a negative impact on your life and reputation. To avoid unwanted penalties, make sure you’re comfortable with the lawyer you hire to represent you.
Learn More About Your Legal Options Today
If you are facing charges under California Vehicle Code §12951(a) failing to present a driver’s license and you do not know where to turn for help, reach out to an experienced attorney today. A Los Angeles DUI lawyer can review the details of your case and answer any questions you have about the legal process.
Contact us today to schedule a free consultation and learn more about your legal options after being charged with failing to present your driver’s license. An experienced advocate can provide the information and guidance you need to get the best outcome possible.