However, it is important to note that the California Vehicle Code punishes those who operate a vehicle without being validly licensed, but not for driving without a license in your possession at the time of the violation. Driving without a valid license not in your possession is listed under California Vehicle Code a , and will be dismissed if you are able to prove that you were validly licensed at the time you were pulled over.
However, the charges may not be dismissed if the infraction occurs three or more times. Driving with a suspended or revoked license is punishable under Sections — of the Vehicle Code, which carries a misdemeanor charge.
In the state of California, driving with a suspended or revoked license is an entirely different offense than driving without a valid license. The penalties for driving with a suspended or revoked license are more severe than the penalties for driving without a license, depending on the reason why your license was initially suspended or revoked. The most common examples of penalties for driving with a suspended license include:.
Remember, the above penalties will likely vary depending on why your license was initially revoked or suspended. An example of this would be if your license was suspended due to driving under the influence of alcohol or drugs. The penalties for such a charge will be more severe than if your license was suspended or revoked due to refusing to submit to a chemical test , or even negligent driving.
Driving with an expired license will generally be seen as an intentional violation of the law, as you are intentionally driving violating the law by knowingly operating your vehicle. As such, driving with an expired license will likely be penalized similarly to driving without a valid license.
If you are facing charges related to driving without a license in California, you should consult with a skilled and knowledgeable criminal lawyer. An experienced criminal defense attorney can better determine the context surrounding the accusation, as well as determine if there are any defenses available to you based on the specifics of your case.
Additionally, they will represent you and your rights in court as needed. After that, you can take your driving test. When you pass your driving test, you can receive your California license! If for some reason you do get a traffic ticket, we can help! Depending on the offense, you may be able to take an online traffic school course to mask your ticket and keep points off your driving record. There is no grace period for accomplishing this, so if you get stopped one day after your license expires, you are subject to California Vehicle Code a penalties.
The penalties for driving without a license in California can be harsh. Vehicle Code a makes the act illegal, but it is a wobbler offense. That means that the prosecutor can either charge it as a misdemeanor or can opt to charge it as an infraction. Generally, a first offense is charged as a non-criminal infraction. If the act is charged as a misdemeanor, it is a crime that will go on your criminal record. Second and third offenses may be charged this way. If convicted, you may serve up to six months in jail and be ordered to pay a fine of up to a thousand dollars.
Driving in California without a valid license is a "wobbler"offense, so the prosecutor can charge it as a misdemeanor crime or as an infraction.
Roughly of all Californians are either foreign immigrants , or they have at least one parent who was a foreign immigrant. In most cases, it is legal for these individuals to drive in California with a license from a foreign country. At least, it is legal to do so for a couple of weeks.
Out-of-state licenses are temporarily valid in California as well. However, license-holders have a legal duty to quickly update their information with the DMV. If police officers pull you over and you do not have a valid California license with a current address, you can be prosecuted, and convicted, under Vehicle Code Section
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