Taking a quick drive to the store might feel tempting when you do not have a valid driver’s license in California. However, that quick trip can lead to severe consequences and criminal charges. What happens if you get caught driving with an expired license in California?
If the police catch you driving with an expired license, you could face fines or even months in jail. If you’re facing this kind of charge, contact a Los Angeles DUI lawyer for help reviewing your legal situation. Complete our online contact form or call us to learn more.
Is Driving with an Expired License Against the Law?
If you drive with an expired license, you are breaking the law in California. If you live in California, you must get a valid driver’s license issued by the Department of Motor Vehicles (DMV) according to the state’s laws on persons required to be licensed.
Individuals who drive without a valid license may face charges under Vehicle Code (VC) 12500. VC 12500 makes it a crime to drive with an expired license. This charge also applies to drivers who move to California from another state and fail to get a local driver’s license within 30 days.
You can also face a VC 12500 violation if you have a valid license but leave it at home when you go for a drive. If the police catch you without a license, they’ll likely give you a ticket requiring you to pay a fine.
How Do the Police Know if You Have an Expired License?
A police officer will likely check your license during any traffic stop. For example, you will have to show your license if a law enforcement officer pulls you over for:
- Speeding or engaging in a speed contest
- Reckless driving
- Running a red light or stop sign
Drivers may face charges for any traffic violations that led to the stop and additional penalties for driving on an expired license.
What Are the Penalties for Driving with an Expired License?
California uses several penalties to handle charges of driving a motor vehicle without a valid license. If it is your first offense, you might face fines and nothing else. If the police arrest you a second or subsequent time, you could face time in jail and higher fines.
If convicted a second time of driving without a valid driver’s license, you could face jail time of no more than six months and fines of no more than $1,000. These penalties can apply for third, fourth, and fifth violations of driving without a valid license in California.
Is Driving on an Expired License a Misdemeanor Charge?
The court system in California considers Vehicle Code (VC) 12500 a wobbler charge, which means that prosecutors can charge it as a misdemeanor or an infraction, depending on the circumstances of each case.
Previous charges remain on your driving record. You can learn more about this charge with a criminal defense lawyer in Los Angeles.
Will the Police Take Your Vehicle for Driving with an Expired License?
Generally, you do not have to worry about vehicle impoundment for driving without a license. The charge typically results in fines. However, the police may impound your vehicle if charging you with other crimes alongside a license violation.
For example, law enforcement may impound your car if they charge you with driving under the influence (DUI) and using an expired driver’s license.
What Happens if You Drive a Commercial Vehicle Without a License?
Driving a commercial motor vehicle without a proper license can result in fines and potential time in jail. It’s essential to get legal representation if you face an accusation of driving with an expired commercial vehicle license, as this charge could impact your career as a driver.
Can a Lawyer Help with Charges of Driving with an Expired License?
It is within your rights to fight any charges levied against you for driving without a valid license in California. You do not have to accept these charges or plead guilty. You can fight the charges with the help of an experienced lawyer.
You can use plenty of defenses to have the charges dropped or reduced so you can obtain a valid license and get back on the road as soon as possible.
You Were Not the Person Behind the Wheel
It very well could be the case that you were not driving the car yet were still charged. An experienced attorney can show the proper evidence to prove this defense.
Just because you own the vehicle and have an expired license does not mean you should face charges for this crime.
You Live in Another State
It is possible that you originally lived in California but have since moved to a new state. However, your California license expired, and you drove back into the state without your new license.
The only way to successfully use this defense is to have a valid license from another state to show the court.
You Failed to Have a Current License with You
It is not uncommon to have a license renewed and still carry the expired one by mistake. If you failed to switch the license in your wallet, this defense could easily dismiss the case against you, so long as you can show the valid license to the court at your hearing.
You Are Exempt from Needing a License
A few drivers do not need a license to operate a vehicle in California. One such driver is the one who operates a tractor. Another category is that of government employees. They do not need a license to drive a government vehicle.
Can You Avoid a Fine by Renewing Your License?
In some cases, the prosecution will allow drivers to postpone a case for driving with an expired license to renew their license. This step can allow an unlicensed driver to resolve the problem and avoid legal consequences like fines or time in county jail.
Go Over What Happens if You Get Caught Without a License
What happens if you get caught driving with an expired license in California? If the police pulled you over for driving without a valid license in California, you can face serious fines and jail time.
You need to build a strong defense against the charges so you won’t be without a license for an extended period. Contact us to learn more about this criminal offense and its potential consequences. Call or fill out our online contact form to get started.
