• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Free Initial Consultations – Call today (559) 222-5800

dui lawyer fresno

Fresno DUI Attorney & Criminal Defense Lawyer

  • Practice Areas
    • DUI Defense
      • Boating Under the Influence
      • Marijuana DUI Defense
      • Underage DUI Defense
    • Criminal Defense
    • Personal Injury
      • Motor Vehicle Accident
    • Domestic Violence
    • Drug Crimes
    • Expungement
  • About
  • Resources
    • California DUI Laws
    • Blog
  • Contact Us
  • Practice Areas
    • DUI Defense
      • Boating Under the Influence
      • Marijuana DUI Defense
      • Underage DUI Defense
    • Criminal Defense
    • Personal Injury
      • Motor Vehicle Accident
    • Domestic Violence
    • Drug Crimes
    • Expungement
  • About
  • Resources
    • California DUI Laws
    • Blog
  • Contact Us

Driving Without A License In California Is A Misdemeanor, If Convicted

Home / Blog / Driving Without A License In California Is A Misdemeanor, If Convicted

July 7, 2014 //  by Gregory Fox

California Vehicle Code 12500 a vc states that you cannot drive in California without a valid driver’s license.

However, in order to be a valid driver’s license, it does not have to necessarily be issued by the California DMV. In order to be valid it needs to be a valid driver’s license from the state you live in and must be applicable to the type of vehicle you are driving (for example: car, motorcycle, or commercial truck).

Driving without a license is a misdemeanor even though it is considered a relatively minor offense.

If you are convicted it will appear on your criminal record.

Fortunately, there are legal defenses available to you if you are cited for driving without a license. In order to avoid a criminal conviction it is recommended that you seek a consultation with a criminal defense attorney who can help get the charge reduced to an infraction or possible dismissed completely.

You can be charged with Vehicle Code 12500 vc if you get caught driving under certain circumstances, including:

  • Never having obtained a driver’s license
  • Failure to renew your driver’s license after expiration
  • Established residency in California and failed to obtain a driver’s license in California
  • You are ineligible to receive a driver’s license in this state

How is driving without a license proven?

In order to prove that you are guilty of driving without a valid driver’s license the prosecutor must prove that you were driving on a street or highway and that at the time of driving you did not hold a valid driver’s license.

It is important to understand that courts have ruled that whether or not you are licensed is a matter within your own knowledge, the prosecution really does not have to prove that you were not licensed, the prosecution simply has to allege that you were not licensed and it is up to you to prove that you were.

The idea is that the defendant can more easily prove that he or she is licensed than it is for the prosecution to establish that the defendant was not licensed.

It is important to understand that the law penalizes driving without a validly issue license.

If you do have a valid driver’s license but you simply did not have it in your possession when you were stopped, this is an infraction. It is possible to have this infraction dismissed if you can provide proof that you were a validly licensed driver at the time the offense occurred.

The best way to beat a charge

The best way to beat a charge of driving without a license is to prove that you were, in fact, licensed. If that isn’t possible you may be able to ask a criminal defense attorney how long your case can be postponed so that you can obtain a license.

Unless you are a multiple offender you will likely be allowed this courtesy.

Category: Blog

Previous Post: « Supreme Court limits police searches of cellphones
Next Post: When do you need an attorney for a personal injury claim? »

Primary Sidebar

Search posts

Request your free initial consultation

If you have any questions or would like to schedule your free initial consultation please call (559) 222-5800 or fill out this form and we will contact you as soon as possible.











    Related Posts

    Driving on a Suspended License, Receiving a Restricted License After a Second DUI Conviction in CA, Will the DMV suspend my commercial driver’s license for a DUI?, California New Misdemeanor Diversion Program
    This website provides general information only. It should not be relied upon as legal advice. The law is constantly changing and differs from location to location. Applicability of the law is dependent upon the facts and circumstances of each case. You should consult an attorney about your particular situation. Transmission of this information is not intended to create, and receipt does not constitute an attorney–client relationship between the sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

    If you have any questions, or would like to schedule your free initial consultation, please contact us today at (559) 222-5800. Hablamos español.

    Footer

    About

    Gregory W. Fox provides DUI, criminal defense, and personal injury representation throughout Fresno and the greater Central Valley of California including Fresno, Kern, Kings, Madera, Mariposa, Merced, Monterey, San Luis Obispo, Stanislaus, Tulare, and Tuolumne counties.

    • Facebook
    • LinkedIn
    • Twitter

    Contact Us

    The Law Office of Gregory W. Fox
    191 West Shaw Avenue, Suite 208
    Fresno, California 93704

    Phone: (559) 222-5800

    FAX: (559) 222-5801

    Hours:

    1. Monday–Thursday 8AM–5PM
    2. Friday 8AM–12PM
    3. Saturday–Sunday 9AM–4PM

    Get Directions

    Practice Areas

    • DUI Defense
    • Criminal Defense
    • Drug Crimes
    • Domestic Violence
    • Expungement
    • Personal Injury

    Site Footer

    • Top Criminal Defense Attorney in Fresno
    • Lawyer Gregory Fox | Featured Attorney Criminal Defense

    • Copyright © 2023
    • The Law Office of Gregory W. Fox
    • Privacy Policy