Driving Without a License

Driving without a license can be either an infraction or a misdemeanor. If a misdemeanor, the penalty can be up to a $1000 fine and six months in jail.

What does a charge of VC 12500 mean?

A charge of VC 12500 means that the person is charged with driving without a license under California Vehicle Code 12500. It is illegal to drive without holding a valid driver’s license in California. This is to ensure the safety of all road users and pedestrians. Driving without a valid license will result in criminal charges. If you permanently move to California then you need to get a driver’s license. Similar offenses to driving without a license are: failing to present driver’s license and driving on a suspended or revoked license.

California Vehicle Code Section 12500 VC

(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.

(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.

(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.

(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.

(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.

The Elements of a Driving Without a License Charge

The prosecutor must prove the following elements in order to convict the defendant for driving without a license:

The defendant drove without a valid California driver’s license
The defendant drove a vehicle on the highway
The defendant did not have a valid reason for not having a valid driver’s license as per the legal exceptions

The legal definition of a highway is an area that is open to the public to drive. It applies to streets, roads, etc.

Examples of Driving Without a License

Someone can be charged with driving without a license for:

Driving with an expired driver’s license
Not obtaining a California driver’s license within 20 days of permanently moving to the state

Example 1:

A driver forgets to renew their California license and drives on an expired California driver’s license. When they are stopped by the police for another traffic offense they may be charged with driving without a license.

Example 2:

If a driver moves to California from Georgia, they have 20 days from making the move to obtain a California driver’s license. Within that 20 day grace period, they can use their Georgia driver’s license as long as it is valid.

Example 3:

A driver splits their time between California and Massachusetts, but Massachusetts is their primary residence. The law allows for an exception for driver’s who live in multiple states. The driver can use their Massachusetts license to drive as long as their license is valid.

What happens if you get pulled over without a license in California? Is VC 12500 a misdemeanor?

The Penalties For Driving Without a License can be an infraction or a misdemeanor, depending on the circumstances. If the defendant is charged with an infraction, they will be fined up to $250. Prosecutors are often willing to reduce the charge or penalty if the defendant obtains a license while waiting for their charges.

If the defendant is charged with a misdemeanor, then they may face up to $1,000 in fines and up to 6 months prison sentence.

To get around driving without a license, the defendant should take the initiative to get a valid driver’s license if they are able to. This will reduce the charge or make it completely invalid and may result in dismissal. Your criminal defense attorney can help you to apply to get the charges dismissed or reduced. They will advise you on the best course of action.

If you had a driver’s license but did not have it with you when you were pulled over, then you may be charged with failing to present a driver’s license. This is an infraction.

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