Driving w/o a license; CA Vehicle Code 12500 VC

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http://www.shouselaw.com/12500.html 888-327-4652 A defense lawyer explains California ‘driving without a license’ law — Vehicle Code 12500 VC.

California Vehicle Code 12500 a vc prohibits people from driving in California without a valid driver’s license.

To be valid, a drivers license doesn’t necessarily have to be issued by the California Department of Vehicles2. It just must be (1) a valid driver’s license from the state in which you live, and (2) for the type of vehicle (car, motorcycle, commercial truck, etc.) that you are driving.

If the police gave you a citation for driving without a license, then you (or your attorney, if you hire one) must go to court on the scheduled court date. If neither you nor your lawyer show up, the judge will issue a California bench warrant for your arrest.

Although driving without a license is a relatively minor offense, it’s still a misdemeanor. A conviction, if you suffer one, will appear on your criminal record. The best way to avoid this outcome is to consult with a California criminal defense lawyer who can help get this charge reduced to an infraction or dismissed altogether.

Unlike most crimes that require the prosecution to maintain the burden of proving your guilt, “driving without a license” is a bit different. Courts have ruled that whether or not you are licensed is a matter within your own knowledge.

As a result…and despite the fact that we just said the prosecution must “prove” the above two elements…the prosecution doesn’t really have to prove that you weren’t licensed. The prosecution simply has to allege that you weren’t licensed at the time you drove. This shifts the burden to you to prove that you were.

If you have additional questions about California’s driving laws or would like to discuss your case confidentially with one of our California “driving without a license” defense attorneys, please don’t hesitate to contact us.

We have local criminal law offices in Los Angeles, the San Francisco…

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5 comments

  • Undocumented immigrants have more freedom than american citizens…

  • keyword is Person. Person's and Resident's are not Human beings. They are legal entities. Human beings cannot make an appearance in a court of equity

  • You can legally drive without a license if you are operating in a private capacity.

  • You only need a drivers license while operating under commerce contracted with the state…you do not need a drivers license if you are traveling under private conveyance. ..thats a FACT…I beat my seat belt violation because I was not driving I was traveling. ..you have to abide by their unconstitutional laws when you contract under commerce. ..and admiralty and maritime law are that of the sea not land…all trafic courts are under admiralty law…thats why they have gold fringe and ties on their flag…that flag doesn't represent a nation or the Constitution. ..do not let a judge get jurisdiction over you in the court room…before you step on his vessel make sure all your unalienable rights are intact

  • Of course illegal Mexicans don't get in trouble for no drivers license, they don't have a contract with the state…

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