Driving without a Valid License – California Vehicle Code 12500

California Vehicle Code 12500 prohibits anyone who does not have a valid driver’s license from driving on a highway or street open to the public.

Do I Need a California Driver License?

The statute lists several exemptions, mainly those who have valid driver licenses from other state or countries and are in California temporarily. A nonresident of California can legally drive in California without a California license.

While in other situations you are presumed to be a resident of California if you live here for 6 months in a 12 month period[1], for purposes of Vehicle Code 12500 there is no time period that prosecutors can look to to definitively say you are a resident. Instead, residency refers to your “state of domicile,” which is your permanent home and principal residence to which you intend to return whenever you are absent. Some factors that help determine your residency include:

  • The address where you’re registered to vote
  • Payment of resident tuition at a public college or university
  • Filing a homeowner’s property tax exemption
  • Any other evidence that indicates your presence in the state is more than temporary

Someone who has become a resident can continue to drive on their old driver license for 10 days until they must obtain a California driver license.[2]

How Do I Fight Driving Without a Valid License Charges?

Many people are cited for driving without a license because they failed to renew their license. In this situation, you should take every step necessary to quickly acquire a valid California driver license. If we can show the prosecutor that you now have a driver license, that will help us tremendously in our attempt to convince the prosecutor to dismiss the charge against you. If it will take a little while before you can obtain a license, we will want to delay the court proceedings to give you more time.

If you cannot get your case dismissed, you might attempt to have the charge dismissed in exchange for you pleading guilty to a lesser offense, such as Vehicle Code 12951(a), which is an infraction for driving without having your driver license in your possession punishable by a fine of a few hundred dollars. If you had a valid license at the time of the incident, but just didn’t have it on you, you should be able to get the whole case dismissed by showing the prosecutor that you had a valid license at the time of the incident.

If you are charged with driving without a license as a misdemeanor and the none of the two above attempts work, you may attempt to persuade the prosecutor to reduce the charge to an infraction.

What is the Sentence for Driving Without a Valid License?

Vehicle Code 12500(a) can be charged either as a misdemeanor[3] or an infraction[4]. As an infraction, the maximum sentence you can receive is a fine of $250.[5] As a misdemeanor, it is punishable by 6 months in jail and a fine of $1,000.[6]

Instead of sentencing you to jail for 6 months, a typical sentence on a misdemeanor will include up to 3 years of informal probation to the court. The terms of probation are typically:

  • Violate no law (except minor traffic offenses)
  • Pay a fine to the court
  • Do not drive without a valid license
  • Vehicle impound, if it is not your first offense[7]

How Can I Get My Car Out of the Impound?

The registered and legal owners of the vehicle have a right to a have a hearing to attempt to get your car out of the impound.[8] They must ask the agency that impounded the vehicle (the police) for the hearing within 10 work days[9] of the day the vehicle was impounded, with one exception. If the registered owner was given personal service of notice was provided to the registered owner, then then owner only has 3 days to request the hearing.

The police agency that impounded the vehicle must provide you with the hearing within 2 days of your request. If the registered or legal owner fails to show up at the scheduled hearing, the police officer is not required to grant another hearing.

Each police agency should have an officer assigned to hold these hearings. You should call the police agency that impounded your vehicle and ask which officer holds these hearings and request the hearing. Despite the use of the word “hearing,” it is very informal and usually involves just talking to one of the police officers, showing proof that you are the registered/legal owner of the car. Many, but not all, police officers are pretty good at helping you get your car out of the impound quickly.

The police agency will then release the “evidence hold” they have on the vehicle, allowing you to pick up the vehicle from the yard. If it is determined that the driver of the vehicle had a valid driver license at the time of the impound, then the law enforcement must pay for the costs of towing and storage of your vehicle.[10]

If you have been charged with driving without license, you deserve the best legal representation possible, a lawyer who knows the law and will really fight for you. Do everything you can to get your case dismissed. When you’re ready to hire a lawyer, we hope you call us at 619-792-1451 or send us an email.


[1] Vehicle Code 516

[2] Vehicle Code 12505(c)

[3] Vehicle Code 40000.11(b)

[4] Vehicle Code 40000.1, Penal Code 17(d), and Penal Code 19.8

[5] Penal Code 19.8

[6] Penal Code 19

[7] Vehicle Code 14607.6(a)

[8] Vehicle Code 14607.6(n)

[9] Vehicle Code 14607(o)

[10] Vehicle Code 14607(n)(3)