Driving Without a License

Driving without a valid driver’s license is a criminal offense in California under Vehicle Code §12500(a). Although it is often treated as a misdemeanor, it can still result in fines, probation, and a permanent criminal record if not handled properly.

Many people cited for this offense are unaware that it is a criminal charge, not merely a traffic infraction. Whether you forgot to renew your license, recently moved from another state, or were never issued one at all, a conviction can have serious consequences for your employment, immigration status, and ability to drive legally in the future.

San Diego Driving Without a License Defense Attorney

If you were cited or arrested for driving without a valid license in California, it’s important to take the charge seriously. While police and prosecutors may treat the case as routine, it can still result in a misdemeanor conviction that stays on your record.

Attorney Michael Cindrich has extensive experience defending clients charged with vehicle-related crimes and traffic misdemeanors throughout San Diego County. He understands how to negotiate reductions, resolve license issues, and help clients avoid unnecessary penalties or criminal records.

The Law Offices of Michael E. Cindrich serve clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.
For immediate assistance, call (619) 262-2500 for a free, confidential consultation.

Overview of Driving Without a License Charges in San Diego

Definition of Driving Without a License
Common Examples
Penalties for Driving Without a License
Key Elements a Jury Considers in Driving Without a License Cases
Defenses to Driving Without a License Charges
Role of a San Diego Driving Without a License Attorney
Frequently Asked Questions
Additional Resources

Definition of Driving Without a License

Under Vehicle Code §12500(a), a person is guilty of driving without a license if they operate a motor vehicle on a highway in California without having been issued a valid driver’s license by the California Department of Motor Vehicles (DMV) or by another jurisdiction that is legally recognized in the state.

The law applies to:

Individuals who have never obtained a driver’s license.
Individuals whose license has expired, been suspended, or revoked.
Out-of-state drivers who have moved to California but failed to obtain a California license within the required 10 days of establishing residency.

Driving without a license is different from driving on a suspended or revoked license, which is a more serious offense under Vehicle Code §14601.

Common Examples

A person who has never been licensed operates a vehicle on public roads.
A recent California resident drives with an out-of-state license that is no longer valid.
A driver forgets to renew their expired license before getting pulled over.
A foreign visitor drives without obtaining an international driver’s permit or legal authorization.

Penalties for Driving Without a License

The penalties for violating Vehicle Code §12500 depend on whether the case is handled as an infraction or misdemeanor. Prosecutors have discretion based on the driver’s record and the circumstances of the stop.

Infraction

Fine up to $250 (plus court fees)
No jail time
No criminal record

Misdemeanor

Up to 6 months in county jail
Fines up to $1,000
Informal probation (typically 1 to 3 years)
Vehicle impoundment for up to 30 days
Permanent criminal record unless dismissed or expunged

If the defendant later obtains a valid license and provides proof to the court, prosecutors often agree to reduce the charge to an infraction or dismiss the case entirely through a “fix-it” or compliance-based resolution.

Key Elements a Jury Considers in Driving Without a License Cases

To convict someone under Vehicle Code §12500(a), jurors must find that all of the following elements are proven beyond a reasonable doubt:

Operation of a Motor Vehicle – The defendant must have been driving or in actual physical control of a vehicle on a public highway or street.
Lack of a Valid License – The prosecution must prove that the defendant did not possess a valid California driver’s license or a legally recognized out-of-state or foreign license at the time of the incident.
Knowledge of License Requirement – Jurors may consider whether the defendant knew, or reasonably should have known, that a valid license was required to drive.
Jurisdictional Validity – The jury considers whether the license was valid in another jurisdiction (e.g., another U.S. state or country) and whether California recognizes that license under reciprocal laws.
Credibility and Supporting Evidence – Jurors evaluate evidence such as DMV records, police reports, and statements made during the stop to determine whether the defendant truly lacked a license or simply failed to present it.

Defenses to Driving Without a License Charges

Common defenses include:

Possession of a Valid License – The driver had a valid license but failed to produce it at the time of the stop.
Out-of-State License Recognition – The defendant had a valid license from another state or country recognized under California law.
Administrative or DMV Error – The DMV made an error regarding license suspension or renewal status.
No Actual Driving – The defendant was not driving, such as sitting in a parked car with the engine off.
Subsequent License Issuance – The driver has since obtained a valid license, which may lead to charge reduction or dismissal.
Unlawful Stop or Lack of Probable Cause – The officer had no lawful reason to initiate the traffic stop.

Role of a San Diego Driving Without a License Attorney

Case Review and DMV Verification – The attorney reviews DMV records to verify the client’s licensing status and identify whether administrative or clerical errors occurred.
Negotiating for Reduction or Dismissal – Defense counsel contacts the prosecutor to demonstrate that the issue has been resolved (such as by obtaining a license) and requests dismissal or reduction to a non-criminal infraction.
Challenging the Legality of the Stop – The lawyer investigates whether the officer had valid grounds for pulling the driver over. If not, the stop may be ruled unconstitutional, and the case dismissed.
Representing the Client in Court – For misdemeanor charges, the attorney can appear in court on the client’s behalf under Penal Code §977(a), allowing the client to avoid personally attending most hearings.
Expungement and Record Protection – After a case dismissal or sentence completion, the attorney can petition for expungement under Penal Code §1203.4 to clear the record and minimize long-term impact.

Frequently Asked Questions

Q: Is driving without a license a misdemeanor in California?
A: It can be. First-time offenders often face an infraction, but if the court determines the violation was willful or repeated, it can be charged as a misdemeanor.

Q: Can my car be impounded?
A: Yes. Police can impound your vehicle for up to 30 days if you are found driving without a valid license.

Q: What if I obtain a license after being cited?
A: If you show proof of a valid driver’s license before your court date, your attorney may be able to have the case dismissed or reduced to a non-criminal infraction.

Q: Will this affect my immigration status?
A: Possibly. Any misdemeanor conviction can have immigration implications. It is critical to consult with both a criminal and immigration attorney before entering a plea.

Q: Can I go to jail for driving without a license?
A: Jail time is possible if the offense is charged as a misdemeanor, but most first-time cases can be resolved through fines, probation, or dismissal with proper representation.

Additional Resources

California Vehicle Code §12500(a) – Driving Without a License: Defines what constitutes driving without a valid license and outlines penalties for first and subsequent offenses.

California DMV – Driver Licensing and Renewal: Provides information on obtaining, renewing, and verifying the status of your driver’s license in California.

California Courts – Traffic and Misdemeanor Information: Offers guidance on handling traffic-related charges, paying fines, and resolving court appearances.

Hire a Defense Attorney for Driving Without a License Charges in San Diego County, CA

A charge of driving without a license can lead to serious consequences if not handled correctly. Even if you later obtain a valid license, you could still face criminal penalties without experienced representation. An attorney can often resolve these cases quickly and help you avoid a criminal record.

Don’t wait to resolve your case. Contact Attorney Michael Cindrich today for a free, confidential consultation at (619) 262-2500.