Can I Be Arrested While Driving on a Foreign License in California
1. Definition and Elements of the Crime
Equally anyone who has spent hours waiting in line at the DMV can attest to, obtaining and/or renewing a valid California driver'southward license can often exist inconvenient and time-consuming. All the same, all California drivers (and those who permanently movement to California from out-of-state) are required to take a valid California commuter'south license. Those caught driving without a license tin can exist criminally prosecuted under California Vehicle Code Section 12500 VC.
In order to bear witness that a defendant is guilty of driving without a license, a prosecutor must be able to prove following elements:
- The defendant collection a motor vehicle on a highway
- When the defendant collection, he or she did not hold a valid California driver'south license
- AND the accused was non excused from the requirement to accept a California driver's license
The term highway refers to any area that is publicly maintained and open up to the public for the purposes of vehicular travel, including streets. A motor vehicle would include a passenger vehicle, motorbike, motor scooter, bus, school autobus, commercial vehicle, truck tractor and trailer.
2. Related Offenses
Similar offenses include the post-obit:
- Driving on a Suspended or Revoked License - California Vehicle Code Section 14601 VC
- Failing to Present Driver'southward License – California Vehicle Code Section 12951 VC
3. Examples
A homo has a valid license but forgets to renew it. The license expires and he continues to drive despite the expiration. The human being is stopped by the law on an unrelated traffic offense. He could be charged with driving without a license pursuant to California Vehicle Code Section 12500 VC.
Another human being permanently moved to California from Texas but continues to drive with Texas plates and his Texas driver's license. Even though the man has a valid Texas license, he could exist charged with driving without a license considering he failed to obtain a California license. Someone who moves to California has 20 days to obtain a California license.
In another instance, a man who splits his time between New York and California is stopped while driving in California for work. Although he has an apartment in California, his primary residence is in New York and he has a valid New York license. This human being would non be guilty of driving without a license because he would be excused from the requirement of having a California license.
iv. Defenses to Driving without a License
As described in a higher place, if the defendant was excused from the requirement of having a valid California driver's license, he or she would not be criminally liable for this criminal offence. This would include out-of-country drivers visiting California, those who maintain primary residences out-of-state, or those who moved to California within the previous xx days.
For defendants who practise accept valid licenses, but simply do not have their licenses with them at the fourth dimension they were stopped, they could be charged with failing to present a commuter's license under California Vehicle Lawmaking Department 12951 VC, which is an infraction.
5. Penalties
Driving without a license is a "wobbler" offense that tin exist charged as either a misdemeanor or an infraction. If charged equally a misdemeanor, the maximum penalisation is six months in jail and a $1,000 court fine. If charged as an infraction, the maximum penalty is a $250 court fine. In many cases, prosecutors are willing to reduce a California Vehicle Code Section 12500 VC charge to an infraction or even dismiss the case if the defendant is able to obtain a valid California driver'southward license while charges are awaiting.
half-dozen. Criminal Defense for Driving without a License
Driving without a license under California Vehicle Code Section 12500 VC is a criminal law-breaking that can result in a conviction on someone's tape if not handled properly. As a result, it is advisable to consult with a Los Angeles Criminal Defense Chaser if y'all have been charged with driving without a license. Los Angeles Criminal Defense Lawyer Michael Kraut is a former Deputy District Attorney with over xiv years of prosecutorial experience who is highly practiced at handling cases involving driver's license violations. Mr. Kraut works difficult to ensure the best possible outcome for his clients.
For more data nigh driving without a license charges, and to schedule your free consultation, contactLos Angeles Criminal Defense Lawyer Michael Kraut at the Kraut Law Group located at 6255 Dusk Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can exist reached 24/7 at 888-334-6344 or 323-464-6453.
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