Driving Without A Valid License (Vehicle Code § 12500(a)) Or On A Suspended Or Revoked License (Vehicle Code § 14601)
One of the more common offenses our clients face, usually in conjunction with other offenses such as DUI or speeding, is without a valid license, a violation of California Vehicle Code § 12500(a), or driving on a suspended or revoked license, a violation of Vehicle Code § 14601.
Often, the client is not aware that his or her license has expired or, less frequently, the client recently went to the DMV to rectify the problem, but as Murphy’s Law applies, the traffic stop occurs before the DMV mails the new license.
Charges of violating Vehicle Code § 12500(a) can arise for other reasons, too. It may be that the client never received a driver’s license at all, perhaps because the person is not a U.S. citizen (because a social security number is required to get a license). The person also may have moved from another state to California and failed to apply for and receive a California driver’s license yet.
When any of these situations arise, clients often believe there is no reason to appear in court at all. This is a big mistake, as a failure to appear in court or have an attorney appear for you can and usually does result in the judge issuing a bench warrant for the client’s arrest. Once the arrest is made, bail to be released can be up to $30,000.
When a charge of driving on a suspended or revoked license (Vehicle Code § 14601) license is bundled with other charges, for example DUI, the client must also appear in court or have an attorney appear for them if the charges are misdemeanor DUI. Driving on a revoked or suspended license is more serious than just driving without a valid license, although it is often difficult for the District Attorney to prove because the prosecutor must prove the driver knowingly drover on a suspended or revoked license.
If the client is stopped and does not have his or her license in his possession, this is an infraction (Vehicle Code § 12951). As long as the driver can later produce the license to the prosecutor, the charge is often simply dismissed.
Charges for driving without a valid license (Vehicle Code § 12500(a)) can be filed as a misdemeanor or an infraction. Such a violation is charged as infraction when the client has never before been charged with this, and or a misdemeanor if the client has.
If filed as a misdemeanor, the maximum jail time is six months, the maximum fine is $1,000 and the court may impound the car for up to thirty days, at the client’s expense. When the case is filed as an infraction, the maximum fine is $250 and there is no jail time involved.