In CA, driving without a license could be charged as a misdemeanor crime. When you are charged with driving without a license, invoke your “right to remain silent.”
Typically, when a driver tries to talk their way out of a traffic ticket on the side of the road, they admit guilt or incriminate themselves to the law enforcement officer (LEO) without realizing it. Furthermore, most LEOs wear a body cam and the video will be played for the judge.
That’s not good (particularly when charged with a misdemeanor). The driver’s unintentional self-incrimination hampers an attorney’s ability to get them a fair trial. Your best option is to sign the ticket, go home, and call a traffic attorney with trial experience.
What Does the CA Traffic Code Say About Driving Without a License?
CA Vehicle Code (VC) Section 12500, Persons Required to Be Licensed, Exemptions, and Age Limits states:
“A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued under this code, except those persons who are expressly exempted under this code.”
In this case, the word highway means any public roadway or an “off-street parking facility” that is open for public use in CA.
In many cases, the situation will dictate the severity of the crime.
If You Were Driving Without a License, Get One Before Your Court Date
When you move to CA or do one or more of the following, you establish residency:
- You register to vote in California.
- You attend a college or university paying resident tuition.
- You pay property tax in CA.
Therefore, if one of these applies and you have a driver’s license from another state or country, you have ten days to apply for a CA driver’s license after the event.
Read this excerpt from the CA Driver’s Handbook for instructions on how to apply.
Was Your Driving Without a License an Infraction or a Misdemeanor?
Typically, when you are caught driving without a license, you are not arrested but given a ticket or summons to appear in court or resolve the issue before the court date. If you have a driver’s license, and just didn’t have it with you, the LEO could sign off on the ticket. Then, you take it to the county clerk's office, pay the admin fee, and go on about your business.
However, the LEO has the legal authority (particularly when there is an outstanding warrant or summons) to inbound your vehicle, write a ticket, and even make you post bail before you are released. Not all counties require “bail” or “bond,” but some do. It is best to do as the LEO says and call an attorney for assistance.
Although driving without a license is typically a misdemeanor, a Superior Court Judge could treat it as a “wobbler,” and downgrade the charge to an infraction.
“A wobbler is a special class of crimes involving conduct that varies widely in its level of seriousness. Wobbler statutes cover a wide range of offenses that give the judge discretion to consider the lower offense.—Cornell Law School Legal Information Institute (LII) WEX Definition—Wobbler.
The primary difference between the consequences of a conviction for driving without a license as an infraction and a misdemeanor is jail time. A misdemeanor crime carries as one of the punishments imprisonment in the county jail.
“A misdemeanor is a type of offense punishable under criminal law. A misdemeanor is typically a crime punishable by less than 12 months in jail.”—Cornell Law School Legal Information Institute (LII) WEX Definition—Misdemeanor.
If charged as a misdemeanor, the driver could be sentenced to six months or less in the county jail or probation for a first offense and a “base fine” of up to$1,000. The base fine is subject to assessments, penalties, and surcharges that could increase it by three to five times the base.
If the judge and the defendant agree, it could be ruled an infraction with a fine only. There are various advantages and disadvantages to this settlement, so a driver should discuss this with a knowledgeable attorney.
Consider this advice for “Driving Without a License,” and then contact us to set up a consultation.
Consult with Bigger & Harman
When charged with driving without a license in Lamont Courthouse in Kern County, CA, invoke your “right to remain silent,” andcall Bigger & Harman at 349-9300 immediately. Or, use our convenient online contact form or email us at attorney@biggerharmanlaw.com.
Se habla Español (661) 349-9755.
References:
The Cornell Law School LII WEX Definition—Misdemeanor.
The CA Driver Handbook Englishy Español.
CA VC Section 12500, Persons Required to Be Licensed, Exemptions, and Age Limits.