CA Vehicle Code 12500: Driving Without a License

Almost every driver on California’s roads is required to hold a valid California driver’s license.

Drivers who are NOT required to have a license are:

• Government officers or employees driving a vehicle (other than a commercial vehicle) owned or controlled by the U.S. government while on federal business.
• Someone driving an implement of husbandry (such as a tractor) other than on a public road.
• Someone driving an off-road vehicle across a public road.
• Visitors aged 18 and over who hold a valid license in their home state or country.
• Non-residents aged 21 or older, if transporting hazardous material and holding a valid license from another state or Canada.
• Non-residents with a valid diplomatic license for the type of vehicle(s) they are driving.

A highway refers to any area publicly maintained and open to the public for vehicular travel. This includes streets and roads.

California’s driving laws are somewhat flexible when dealing with out-of-state driver’s licenses. If you have a valid out-of-state driver’s license, you can legally drive in California.   However, once you become a resident of California, you need to obtain a California driver’s license within 10 days to drive legally.

You become a resident when you:

• File for a homeowner property tax exemption,
• Vote in a California election,
• Pay resident tuition at a school located in California, or
• Receive benefits only provided to state residents.

Everyone, of legal age, begins with the privilege to drive a motor vehicle.  A violation of VC 12500 occurs when a person drives without a valid driver’s license.  However, driving on a suspended/revoked license occurs when a person has had their driving privileges suspended or revoked, whether or not they had ever been issued a valid California driver’s license.  Traditionally, driving on a suspended/revoked license holds more serious consequences than driving without a valid license because they have already violated some law that resulted in the license suspension/revocation.

Three elements are necessary for the prosecution to prove that a person was driving without a license:

1. The person was driving a motor vehicle on any public road, street, or highway in California,
2. At the time, the driver did not have a valid driver’s license, and
3. The driver was not excused from the requirement to have a valid California driver’s license.

If the prosecution cannot prove all three elements beyond a reasonable doubt, the driver would be entitled to a verdict of not guilty.

As you know, driving without a license is generally not as serious as driving on a suspended/revoked license.  However, in California, one could still end up with a criminal conviction and possible jail time.

VC 12500 is a “wobbler” offense in California, meaning that it can be treated either as a misdemeanor or a non-criminal infraction. If your attorney is not successful in obtaining a reduced or dismissed charge, the next best outcome is often accomplished by liaising with the prosecution to downgrade the misdemeanor offense to an infraction.  This often occurs when one obtains a valid California driver’s license while charges are pending.  If it is your first offense, it may be treated as a non-criminal infraction – but subsequent violations are more serious.

The most common legal defenses for driving without a license are as follows:

• The driver was a visitor to California and holds a valid driver’s license from another state or country of residence,
• The driver was legally exempt from the requirement to have a license,
• The defendant was not driving the vehicle at the time, or
• The defendant had a valid license but did not have it on their person when stopped by the police

The latter defense might work for driving without a license but will lead to another infraction under California Vehicle Code Section 12951.

A charge of driving without a license may result from an honest mistake. However, it is a mistake that can impact your future employment, housing, and immigration status if you end up with a criminal record.

The Law Offices of Bryan R. Kazarian can provide experienced legal representation to help navigate the legal processes and will work toward obtaining a reduction or dismissal of the charges against you. Our goal is to prevent one mistake from negatively affecting your life.

If you or someone you care about has been charged with driving without a license in the Southern California counties of Orange, Los Angeles, Riverside, San Bernardino, and San Diego, please contact our office for a case evaluation.