Driving Without a License Or a Suspended License In California
There are two different code sections which govern the driving without a valid license in California.
The first is Vehicle Code section 12500.
Under this statute, a person may not drive a vehicle unless the person holds a valid driver's license.
This violation can be filed either as a misdemeanor or an infraction.
A misdemeanor exposes the person to jail time.
An infraction is merely a ticket that carries a fine.
Persons get their licenses suspended for a multitude of reasons.
The most typical reason is that they forgot to appear in court for a traffic violation on the date they were advised to be there as written on the traffic ticket.
When one fails to appear to court, the consequence will be two-fold.
First, the court will add a second count to your ticket under Vehicle Code 40508, a failure to appear that carries a fine of approximately $800.
00.
Second, the court will issue an abstract to the DMV to suspend your license under Vehicle Code 40509.
When this situation appears, the case may be filed as a misdemeanor.
If this is your case, then it is imperative that you get your license back as soon as possible.
By putting the traffic ticket that caused the suspension back on calendar and requesting that the court issue an abstract, the suspension should be lifted.
You must go back to the DMV to have your license reissued.
Currently, the fee for the DMV is $55.
00.
If you are a first offender, then an experienced criminal defense attorney should be able to reduce the misdemeanor to an infraction if the proper procedure is taken and you are able to get your license back.
If you cannot get your license back, then it is likely that probation and a fine will be negotiated by your lawyer.
If you have received several tickets for violation of Vehicle Code 12500, or if you have a suspension due to a Driving Under The Influence (DUI) charge, then you will probably be charged with a Violation of Vehicle Code 14601.
This section is much harsher.
This is likely because you have been put on notice that your license is suspended and you continue to drive.
Under this code section, it is likely that the prosecution will seek to place you in custody for 10 days.
The first is Vehicle Code section 12500.
Under this statute, a person may not drive a vehicle unless the person holds a valid driver's license.
This violation can be filed either as a misdemeanor or an infraction.
A misdemeanor exposes the person to jail time.
An infraction is merely a ticket that carries a fine.
Persons get their licenses suspended for a multitude of reasons.
The most typical reason is that they forgot to appear in court for a traffic violation on the date they were advised to be there as written on the traffic ticket.
When one fails to appear to court, the consequence will be two-fold.
First, the court will add a second count to your ticket under Vehicle Code 40508, a failure to appear that carries a fine of approximately $800.
00.
Second, the court will issue an abstract to the DMV to suspend your license under Vehicle Code 40509.
When this situation appears, the case may be filed as a misdemeanor.
If this is your case, then it is imperative that you get your license back as soon as possible.
By putting the traffic ticket that caused the suspension back on calendar and requesting that the court issue an abstract, the suspension should be lifted.
You must go back to the DMV to have your license reissued.
Currently, the fee for the DMV is $55.
00.
If you are a first offender, then an experienced criminal defense attorney should be able to reduce the misdemeanor to an infraction if the proper procedure is taken and you are able to get your license back.
If you cannot get your license back, then it is likely that probation and a fine will be negotiated by your lawyer.
If you have received several tickets for violation of Vehicle Code 12500, or if you have a suspension due to a Driving Under The Influence (DUI) charge, then you will probably be charged with a Violation of Vehicle Code 14601.
This section is much harsher.
This is likely because you have been put on notice that your license is suspended and you continue to drive.
Under this code section, it is likely that the prosecution will seek to place you in custody for 10 days.