12500 a vc - Driving Without a License in California

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California Vehicle Code 12500(a) VC

California Vehicle Code § 12500 (a) prohibits driving in California without a valid driver’s license

You can violate California Vehicle Code 12500(a), driving in California without a license, in a number of ways:
  • You never had a valid driver’s license issued to your person
  • You were driving with an expired or suspended license
  • You have established residency in California but failed to acquire a California driver’s license, or 
  • You are an illegal immigrant and are therefore ineligible for a driver’s license in this state.

If you merely forgot your license at home, or do not have your license in your possession at the time of the traffic stop, you may receive a citation for an infraction under Vehicle Code §12951. This is also referred to as a “fix it” ticket. As long as you can produce your license to the prosecutor at your court appearance, there is a high likelihood your charge will be dismissed. [1]

If a police officer gives you a citation for driving without a valid license under 12500 (a) VC, there will be a court date mentioned on the citation. This charge can be filed either as a misdemeanor or an infraction. Typically, the violation will be charged as an infraction if you have never been charged with this citation before. 

However, if this is not the first time an officer has cited you for driving without a valid driver’s license, then there is a higher likelihood you will be charged with a misdemeanor for your violation of Vehicle Code 12500.  Either your, or your attorney (if you hire one) must appear in court on the scheduled court date – otherwise the judge will issue a California bench warrant for your arrest. 


[1] This likelihood can change if you have a prior history or if you received multiple citations during the traffic stop.

12500a vc - What are the Penalties for Driving Without a License in California?

Bail amounts for arrests under such a bench warrant for violating 12500a VC can reach up to $30,000. If the citation is filed as an infraction, there will be no jail time involved but there will be a maximum fee of $250. However, if the citation for violation of 12500 VC is filed as a misdemeanor, then there is a maximum jail time of six months and a maximum fine of $1,000. Additionally, the court may impound your car for up to thirty days, at your expense.  

If you are convicted of a misdemeanor it will appear on your criminal record. A great way to avoid this result is to consult with a California criminal defense lawyer who can assist in reducing this charge to an infraction or dismiss the charge altogether.

12500a vc - What are my Defenses for Driving Without a License in California?

Unlike other areas of law where the burden is on the prosecutor to prove you guilty, VC 12500 (a) places the burden on you to prove that you were in fact licensed.  If this is not an option, you should ask your attorney to postpone your case as long as she/he can, giving you more time to obtain a license. If you are not a repeat offender, most prosecutors will allow you the time to do so. 

DRIVING WITH A SUSPENDED OR REVOKED DRIVER’S LICENSE - California Vehicle Code 12500(a) VC

If you know your license has been suspended or revoked, but you are nevertheless driving the streets of California you are also violating Vehicle Code 14601 and may be facing more significant penalties, depending on why your license was suspended or revoked in the first place.

If your license was suspended or revoked because you were convicted of negligent and/or reckless driving, or the court found you to be incompetent to operate a motor vehicle because of mental or physical disability, then you may be facing the following penalties:

As a first time offender, you could be sentenced to serve time in jail for anywhere between five days to six months. You could also face a fine in the range of $300-$1000.

You will be considered a multiple offender if you have been convicted of violating any of the following sections of California’s vehicle code: 14601, 14601.1, 14601.2 or 14601.5.  As a multiple offender you will face jail time ranging from 10 days to one year. You could also face fines in the range of $500 to $2,000.

California Vehicle Code 12500(a) VC - Effect on the Hispanic Population

Sobreity checkpoints are increasingly used as a way to find unlicensed drivers and seize their cars. Many citations for Vehicle Code 12500 (a), driving without a valid driver’s license, take place at sobriety checkpoints. 


According to a 2010 report by the Center for Investigative Reporting, sobriety checkpoints often take place in or near Hispanic neighborhoods. Habitants of geographic areas with a predominantly Hispanic population have their cars seized at three times the rate of cities with comparably small minority populations. 

  • Between 2007 to 2009, the percentage of vehicle seizures increased statewide by 53%. 
  • The number of cars seized at sobriety checkpoints in 2009 outnumbered the number of drunk driving arrests made at these checkpoints at a rate of 7:1.  

If you do not have a valid Californian driver’s license, avoid driving and take advantage of the public transportation system.

If charged with violating California Vehicle Code 12500 (a) and you are interested a free legal consultation, please call us today.  We provide no cost consultations both in office and by phone. 

California Vehicle Code Information

California Vehicle Code Section 12951 VC

12951. (a) The licensee shall have the valid driver's license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway. Any charge under this subdivision shall be dismissed when the person charged produces in court a driver's license duly issued to that person and valid at the time of his or her arrest, except that upon a third or subsequent charge the court in its discretion may dismiss the charge. When a temporary, interim, or duplicate driver's license is produced in court, the charge shall not be dismissed unless the court has been furnished proof by the Department of Motor Vehicles that the temporary, interim, or duplicate license was issued prior to the arrest, that the driving privilege and license had not been suspended or revoked, and that the person was eligible for the temporary, interim, or duplicate license. 

(b) The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code.

California Vehicle Code Section 12500 VC

12500 (a) 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. 

12500 (b) A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver's license or endorsement issued under this code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver's license of any class, as specified in subdivision (h) of Section 12804.9. 

12500 (c) A person may not drive a motor vehicle in or upon any offstreet parking facility, unless the person then holds a valid driver's license of the appropriate class or certification to operate the vehicle. As used in this subdivision, "offstreet parking facility" means any offstreet facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers. 

12500 (d) A person may not drive a motor vehicle or combination of vehicles that is not of a type for which the person is licensed. 

12500 (e) A motorized scooter operated on public streets shall at all times be equipped with an engine that complies with the applicable State Air Resources Board emission requirements.

California Vehicle Code Section 14601 VC

14601. (a) No person shall drive a motor vehicle at any time when that person's driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof. 

(b) A person convicted under this section shall be punished as follows: (1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000). (2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000). 

(c) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for at least 10 days. 

(d) Nothing in this section prohibits a person from driving a motor vehicle, that is owned or utilized by the person's employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (c) of Section 12500. 

(e) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to any other requirements, to install a certified ignition interlock device on any vehicle that the person owns or operates for a period not to exceed three years.

(f) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.

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