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