When you are caught speeding without a license in Ridgecrest, CA, there are several things to consider.
First, there are defenses to speeding depending on the code charges and the circumstances surrounding the violation, plus technicalities that could be used for a successful defense.
Second, driving without a license in CA could be an infraction of the traffic code or a misdemeanor crime. Driving without a valid CA driver’s license is a “wobbler or wobblette” violation of CA Vehicle Code (CVC) 12500, Persons Required to Be Licensed, Exemptions, and Age Limits.
What Is a Wobbler or Wobblette According to Cornell Law School Legal Information Institute (LII)?
A “wobbler” is a crime that can be charged as either a felony or misdemeanor at the discretion of the judge or prosecutor with the consent of the defendant. Likewise, a “wobblette” can be charged either as a misdemeanor or an infraction.
A traffic court judge might reduce the law enforcement officer’s (LEO) charge from a misdemeanor “driving without a valid license” and make it an infraction punishable by a fine of around $238.
If it is charged as a misdemeanor and you are convicted, you will face a base fine of $1,000, up to six months in Kern County Jail, or both. This criminal offense will stay on your driving record for up to ten years and affect your auto insurance premium.
What Action Should You Take After Receiving a Citation for Speeding Without a License?
You likely received two code violations, one for speeding, an infraction, and the other for driving without a license, a misdemeanor. However, whether the LEO wrote you only one ticket for driving without a license, as an infraction or a misdemeanor, you should consult a traffic attorney.
A knowledgeable and experienced traffic attorney will typically suggest that you get one before your court date if you have no driver's license.
Say you recently moved to CA from another state or country. You only have ten days to get a CA driver’s license after specific events such as applying for in-state tuition to attend college, registering to vote, filing an exemption from property taxes, paying property taxes, etc. Check the DMV portal, Getting a California Driver’s License.
Since the judge has the discretion to charge you with either a misdemeanor or infraction, getting a driver’s license as soon as possible will show you wish to cooperate. Hiring an attorney will show that you understand and respect the severity of the charge.
The judge might even dismiss the charge if you get a driver’s license during the period before the court date in Ridgecrest, CA—especially with the recommendation of a knowledgeable attorney.
Hiring a traffic attorney and following their advice will likely make the process less stressful and much cheaper. Plus, it might keep you out of jail.
What About the Speeding Ticket?
Whether the LEO wrote a ticket for speeding or not, that likely is why they stopped you in the first place.
If they wrote you a ticket, it could be because they “paced” or followed your vehicle for a specified distance or caught you on LIDAR or RADAR and determined you exceeded the posted speed limit or the safe speed as specified in CVC Section 22350, Speed Laws.
That section of the traffic code states, “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
Therefore, even when driving below the posted speed, you could be speeding without a license. Consult a traffic attorney for professional results.
Contact the Bakersfield Traffic Ticket Defenders, Bigger & Harman, to Resolve Your Speeding Without a License Charge in Ridgecrest Traffic Court in Kern County
Although speeding without a license is a misdemeanor crime in CA, Bigger & Harman help resolve these charges in Ridgecrest Traffic Court in Kern County at (661) 349-9300.
Se habla Español (661) 349-9755.
Email: attorney@biggerharmanlaw.com.
References:
The 2021 CA Driver Handbook English y Español
CVC Sections 12500, Persons Required to Be Licensed, Exemptions, and Age Limits & 22350, Speed Laws.