We live in car-crazy Southern California and most of us take our driving privileges and the mobility they provide for granted. There are few of us who don’t get behind the wheel several times a day to drive to and from work. Leisure hours are spent driving to visit friends, to go to the beach, to our favorite restaurant, to go to the movies … well; this list could go on and on. The vast majority of us have a legitimate right to drive around, having passed the driver’s test and kept a clean driving record. Unfortunately, there are other motorists out there who are either driving without a license or are still driving even though their license has been suspended. For them, getting caught can have some severe consequences.
CALIFORNIA PENAL CODE 12500: “A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued under this code, except those persons who are expressly exempted under this code.”
There are a variety of ways that you can be charged with this crime, among them that you never got a driver’s license, failed to renew an old license after it expired, moved from elsewhere to California but did not get a California license within the required time or are ineligible to get a driver’s license, such as being an illegal immigrant.
Here are some of the penalties you will face if you are caught driving without a license (keep in mind that out-of-state driver’s licenses are permitted):
• A jail sentence
• A criminal record
• Conviction of a misdemeanor
• Loss of your vehicle
• Loss of employment if you are banned from driving
• Having an interlock ignition device installed in your vehicle
• Being placed on probation, which imposes strict rules on future behavior
• Being ordered to perform community service or volunteer work
• Fines that could be as much as $2,500
• Being ordered to complete certain driver’s education classes
As you can see, there can be long-lasting and painful penalties to pay for violating this law. You should know that the severity of the punishment can vary, depending upon how prosecutors decide to charge you in such cases. Driving without a driver’s license in this state can be charged as either a misdemeanor or an infraction. Such cases are frequently called “wobblers.” If you are charged and convicted of a misdemeanor you will have a criminal record and could face a county jail term. With an infraction, you would not.
There are several ways that an experienced attorney, such as those on the legal team at San Diego Defense Lawyers, can aggressively protect your legal rights in driving-without-a-license cases. Such cases can be resolved with dismissed or reduced charges if the circumstances warrant. Legal filings by your attorney can provide you time to obtain a legitimate drivers’ license. Your attorney also will be aware of diversion program in lieu of convictions that may apply in your case.
One of the advantages of hiring a lawyer such as those at San Diego Defense Lawyer is that they have a complete familiarity with laws affecting driver’s licenses and motor vehicles and on a daily basis work out negotiations on behalf of their clients with prosecutors and judges in every courthouse in San Diego County.
A loss of driving privileges can have a devastating effect on the lives of individuals who otherwise would have to resort to public transportation systems that may not be adequate for their needs or have to depend upon spouses, friends or relatives to take them on work commutes or social trips. The best way to ensure your driving rights, of course, is to obtain a driver’s license by studying for the written and driving tests and then successfully completed.
However, in the event that you failed to obtain a license or failed to renew an old one and are currently driving on the streets and highways of Southern California you are taking a severe risk that could have serious consequences that would negatively affect your employment, mobility and lifestyle. Keep in mind that if you find yourself in this situation, in most occasions the sooner you contact an attorney such as those at San Diego Defense Lawyers, the more effective the legal representation you will receive and the more legal options that will be available to you.
It is highly recommended that if you have been charged with driving without a license that you not compound the problems facing you by ignoring the charges. Your citation will have a scheduled court date which you must comply with or arrange for a rescheduling, if there is an unavoidable conflict. If you do not show up for that date or retain the services of a lawyer to handle your case before and appear or reschedule the case for you a judge will issue a bench warrant for your arrest. This could lead to additional charges and also make it more difficult to resolve the original charge against you in your favor.
It is also not unusual for defense lawyers to successfully negotiate driving without a license cases from misdemeanors down to infractions and avoid the posting of a crime on your record.
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