Driving without a license is a serious offense in Kern County, CA. It can be charged as a misdemeanor crime.
If you are charged with driving without a license, invoke your “right to remain silent,” and consult a traffic lawyer with trial experience immediately.
Typically, when a driver tries to explain their way out of a traffic ticket on the side of the road in Kern County, CA, they accidentally admit guilt or incriminate themselves to the law enforcement officer (LEO) without realizing it.
Many LEOs in Kern County, CA, wear body cams, and that video could be used as evidence against you. But more likely than not, the officers statement that you admitted to something illegal is most likely enough to confirm the officers testimony that he saw you committing the violation.
That’s not good (especially when charged with a misdemeanor). The driver’s unintentional self-incrimination makes it harder for an attorney to get them a fair trial.
A wise choice would be to sign the ticket, go home, and call a Kern County traffic attorney with trial experience.
What Does the California Vehicle 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” open for public use in Kern County, CA.
In many cases, the circumstances will determine the severity of the crime.
For example, if you were driving without a license because it was revoked for driving under the influence (DUI), it will most likely be tried as a misdemeanor.
If you didn’t have a valid license because you just moved to CA from another state and haven’t transferred it yet, it is likely an infraction.
However, you must discuss these details with an experienced traffic attorney during your initial consultation.
NOTE: Bigger & Harman, the Bakersfield Traffic Ticket Defense Team, offers a free initial consultation.
If You Were Driving Without a License, Get One Before Your Court Date
When you move to Kern County, 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 Kern County, CA.
Therefore, if one of these applies and you have a driver’s license from another state or country, you have ten days after the action or incident to apply for a California driver’s license.
Read this excerpt from the California Driver’s Handbook for instructions on how to apply.
Was Your Driving Without a License an Infraction or a Misdemeanor?
This is a crucial point to determine before making a statement to police or court officials.
Usually, when you are caught driving without a license in Kern County, CA, you are not arrested but given a ticket or summons to appear in court.
However, the LEO in Kern County, CA, has the legal authority (especially when there is an outstanding warrant or summons) to impound your vehicle, write a ticket, and require you to post bail before you are released.
Not all counties require “bail” or “bond,” but some do. It’s best to follow the LEO’s instructions and call an attorney for help.
While driving without a license is usually 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 main 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 a possible punishment of up to one year in jail or probation, usually for two years.
“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 LII WEX Definition—Misdemeanor.
If charged as a misdemeanor, the driver could be sentenced to six months or less in the Kern 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. This arrangement has pros and cons, so a driver should discuss it with an experienced attorney.
Consider this advice for Driving Without a License in Kern County, CA, or contact us to set up an initial consultation.
Consult with Bigger & Harman, the Traffic Ticket Defense Team in Bakersfield About Driving Without a License
Call Bigger & Harman in Bakersfield at (661) 349-9300 if cited for driving without a license in Kern County, CA — Se habla Español (661) 349-9755.
Also, use the convenient contact form linked here or email attorney@biggerharmanlaw.com.
References:
The Cornell Law School LII WEX Definition—Misdemeanor and Wobbler.
The CA Driver Handbook English y Español.
CA VC Section 12500, Persons Required to Be Licensed, Exemptions, and Age Limits.