Driving Without a License in California

What is the definition of ‘driving without a license’ under VC 12500?

A person cannot drive a vehicle on a highway without possessing a valid driver’s license. In terms of vehicles: motorcycles, motor bikes, scooters and electrical mediums of transportation do apply. All modes of transportation permitted on the highway do apply. If the driver is stopped off-course from the highway then the medium of transportation must be permitted back off-road.

What is the specification of having a valid driver’s license, is there a mental state of ‘knowledge’ for VC 12500?

There is a rule of convenience to Vehicle Code 12500 VC. Specifically, there is a rebuttable presumption that the driver did not have knowledge that his driving privileges had been revoked, suspended or invalidated. Under the provisions of Vehicle Code 12500 VC it must be a valid driver’s license. The presumption is that the driver or operator of the vehicle is competent enough to take the necessary steps to gain the correct license.

What types of licensed drivers do not need to show proof of compliance under Vehicle Code 12500 VC?

The following people do not need to show proof of compliance under Vehicle Code 12500 VC:

1. Enforcement personnel of the United States, when operating a vehicle for US business and it’s a commercial vehicle owned by the United States Government;
2. People operating farms who accidently drive on major streets or highways conducting farm business;
3. ATVs not on major streets, highways, sidewalks or intersections.

Are there exceptions or exemptions to avoiding a violation under Vehicle Code 12500 VC?

The following drivers qualify:

1. Any tourist or non-resident over 18 years of age having a foreign driver’s license;
2. Any person operating a commercial vehicle containing hazardous materials with a commercial driver’s license issued by the Canada, or having a business or its affiliates endorse the driver to operate the vehicle by providing a certificate of the training necessary to operate the vehicle containing hazardous material;
3. Any person having a driver’s license issued by a diplomacy or diplomatic agency in the State;
4. Any person over the age of 18 years of age who when stopped has a valid driver’s license out of State that is still valid for 30 days, or less starting, with the day of being stopped;
5. Any minor between the ages of 16 to 18 years of age who when stopped has a valid driver’s license that is still valid in their foreign jurisdictions for purposes listed under their statute.

Sentencing Vehicle Code 12500 

What are the penalties involved for a violation of Vehicle Code 12500 VC?

When a crime can be charged as a misdemeanor or felony it is known as a wobbler. As an infraction, a violation is a ticket with costs not exceeding $250 dollars. As a misdemeanor a violation is jail time up to 1 year in county jail. And fines upwards to $1000 dollars.

What are examples of violations of Vehicle Code 12500 VC?

1. Jeff, a resident of Utah, has been in the State of California for 6 months. He has a prior ticket for driving without a seat belt 2 months ago. His license expired two days ago. Today Jeff was pulled over for speeding. He was given a warning for the speeding ticket, but cited for the relevant citation due to time of the ticket. He was not arrested.
2. Jannah, a resident of Texas, and has been in the State of California for 3 months. She has a prior ticket for reckless driving in her brand-new Porsche that was issued 1 month ago. Today, eager to impress a guy in an exotic car, she chases him exceeding speeds of 100 mph. Little did she know he is the Diplomat of France. They are both stopped by the police. The diplomat is allowed to leave because of the exception that applies. Jannah is arrested for reckless driving. At pretrial, she pleads to the lesser included offense of the relevant statute.

Defending Vehicle Code 12500 

What are the defenses to a violation of Vehicle Code 12500 VC?

• Exemptions: I am an exempted driver under the Statute.
• Exception: My driver’s license qualifies for an exception under the Statute.

We’re Here to Help 

If you are charged with, or ticketed for, driving without a valid driver’s license under Vehicle Code 12500 VC, call Law Mart for a free consultation.