When you get stopped by the police while driving a car, they’ll usually ask you to present your driver’s license to see if you’re a legal driver and to identify who you are. Failing to present your driver’s license to the officer violates 12951(a) of the California Vehicle Code.
You will face criminal misdemeanor penalties if you’ve been ticketed under CA Vehicle Code 12951(a) for failing to present a driver’s license. A Los Angeles DUI lawyer can explain this California vehicle code that applies to your case and fight the charges you’re facing. Here’s what you need to know about this law and how we can help you.
What Is CA Vehicle Code 12951(a) – Failing to Present a Driver’s License?
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.
You will get a misdemeanor on your criminal record if convicted under CA Vehicle Code Section 12951(a). To avoid the consequences of 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 Unde This Law
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.
Depending on the specific details of your case, you may be sentenced to probation in lieu of jail time. However, you may face additional charges because you did not present your license when asked. 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, resisting arrest is a misdemeanor punishable by up to one year in county jail and fines as high as $1000. When you delay, resist, or obstruct the police in their official duties, you could be charged with resisting arrest.
Driving Without a License
Under California VC §12500, simply driving without a license is a traffic violation. 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.
How to Defend Yourself Against §12951(a) VC Charges
Although the statute specifically states that charges should be dismissed if you can produce a valid driver’s license in court, you could have difficulty 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 before 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 this law. 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 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 the law if you don’t have a valid driver’s license in your possession at the time of the traffic stop. If your attorney can show that you had your valid driver’s license at the stop, the judge may dismiss the charges against you.
These are just a few ways 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 eyewitnesses.
- 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.
Learn More About Your Legal Options Today
If you face charges under California Vehicle Code §12951(a) for failing to present a driver’s license and do not know where to turn for help, contact 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.