Home > Driving without Valid License: CVC 12500

Driving without Valid License: CVC 12500

Driving without a valid license is a criminal offense in California. Under Vehicle Code section 40000.11(b), this violation is classified as a misdemeanor. Unlike infractions, misdemeanors carry more severe consequences, including the possibility of jail time. If you are arrested or cited for this offense, it is crucial to seek legal representation from a Los Angeles Criminal Defense Attorney as soon as possible.

Driving without Valid License: Infractions v. Misdemeanors

In California, driving without a valid driver’s license is a misdemeanor violation of Vehicle Code section 12500 unless an exception applies. In contrast, failing to have a valid driver’s license in one’s possession is a separate offense under Vehicle Code section 12951, classified as an infraction rather than a misdemeanor. An infraction is the lowest level of offense under California law and is generally not considered a crime.

Because driving without a license in possession is not a “moving violation,” a conviction under CVC 12951 carries no points on the driver’s record and has minimal consequences in Los Angeles criminal prosecutions or with the DMV. Additionally, prosecutors have the discretion to reduce a misdemeanor violation of CVC 12500 to an infraction, allowing the driver to avoid a criminal record and the penalties associated with a misdemeanor conviction.

Los Angeles Criminal Defense and Los Angeles DUI Attorney frequently succeeds in negotiating reductions of CVC 12500 misdemeanor charges to infractions. Los Angeles Criminal Defense and Los Angeles DUI Attorney achieve this because of his experience which allows him to successfully advocate on your behalf.  Securing a reduction to an infraction helps Los Angeles Defendants avoid an entry on your “Record of Arrests and Prosecutions” (commonly referred to as a “RAP sheet”) and prevents the long-term consequences of a misdemeanor conviction.

Immigration Consequences of Misdemeanor Conviction

Having any misdemeanor conviction can have devastating consequences for some persons.

• For example, holders of Temporary Protected Status (TPS) with immigration service are not allowed to have any 2 misdemeanor convictions on their record and will lose their TPS legal status if they have even a misdemeanor CVC 12500 on their record.  To help TPS holders keep their immigration status, Los Angeles Criminal Defense Attorney will negotiate a reduction of California Vehicle Code section 12500 misdemeanor to an infraction.  For TPS holders and other immigrants, it is very important to avoid being convicted of any misdemeanor.
• Another example is federal law under 22 CFR 41.122, which grants USCIS the authority to cancel any non-immigrant visa. This cancellation is often linked to criminal activity, including misdemeanor offenses.  To avoid calecelation of your non-immigrant visa, you must avoid any criminal conviction, even a low level one, such as CVC 12500.  Los Angeles Criminal Defense Attorney will help you achieve that.
• Lastly, since certain immigration benefits are granted at the discretion of immigration officials, any conviction—including one for CVC 12500—can lead to the denial of a status application. For example, the U.S. government may refuse to administratively close a case if the applicant has a conviction, whereas cases are more commonly closed through Prosecutorial Discretion for individuals with no criminal record.

Elements Of The Offense

Case Law establishes that knowledge is not an element of this crime, therefore even a person who does not know that his license is not valid or expired can be arrested and prosecuted for California Vehicle Code 12500 and have a criminal record after a conviction.

California Jury instructions approved for use in the prosecution of an offense of driving without a license (in violation of California Vehicle Code section 12500) are located in CalCrim Jury Instruction part 2221.

CalCrim 2221 has 3 elements that the prosecutor need to prove to a judge or jury:

1. That the defendant drove a motor vehicle on a highway;

2. That when the defendant drove, he or she did not have a valid California Driver’s license;

3. And that, the defendant was not excused from the requirement to have a driver’s license.

The court will also instruct the jury that “whether the defendant was properly licensed is a matter of his or her personal knowledge. In that case, the defendant must produce evidence tending to show that he/she did hold a driver’s license.” Lastly, the court will instruct the jury on what is a motor vehicle and what is a highway. Both definitions are found elsewhere in California Vehicle Code. A definition of a “motor vehicle” is found in California Vehicle Code section 415 and a definition of a “highway” is found in Vehicle Code section 360.

• A motor vehicle has to be “self-propelled” but it does not include motorized bicycles (excluded elsewhere in the vehicle code) or vehicles made for handicapped persons (such as tricycles and motorized wheelchairs). These vehicles are not considered to be motor vehicles that need a driver’s license to operate.
• A highway is an area that is publicly maintained and open for travel. In other words, all travel on public property requires a driver’s license as long as the person operates a motor vehicle. In contrast, a person traveling on private property does not have to have a driver’s license.

Exemption from Licensing Requirement

If the person claims an exemption from the requirement to be licensed to operate a motor vehicle, the judge has a “sua sponte” duty to instruct the jury on the exemption. California law authorizes several exemptions for specific “types” of persons who are driving without a valid California driver’s license.

1. One such exemption is an employee or an officer of the United States who is permitted to operate a vehicle owned by the United States on California’s roadways without a driver’s license as permitted by California Vehicle Code section 12501.
2. Other exemptions are found in California Vehicle Code sections 12502, 12503, and 12504.

A common occurrence to be cited to court under this code section is for a non-resident of California who came here to visit or neglected to obtain a driver’s license as required by law. Driving without a valid California driver’s license is allowed as long as the driver has an out-of-state driver’s license. Once the person decides to move to California, he will become a California resident and will have to get a California driver’s license within 10 days of establishing residency.  Residency can be proven using one of the numerous methods, for example, an address where one is registered to vote or by showing something that would indicate that presence in California is more than temporary or transient.

If a person establishes residency in California, under California Vehicle Code section 12505(c), he or she is required to apply for a California driver’s license within ten days. This exemption does not apply if the person operates a motor vehicle for employment.

Penalties (punishment) under the Code CVC 12500

The punishment for a violation of California Vehicle code section 12500, when charged as a misdemeanor, can include summary probation, jail time, a fine, and even arrest of your vehicle. If the vehicle is arrested, it would be impounded to a police yard (OPG) where it will be held for a specified number of days. The law authorized police to impound your vehicle for 30 days when a driver is not licensed. Usually, police will not do that for a CVC 12500 violation, preferring to use this police power in more serious violations, such as driving on a suspended license. After the expiration of the impound period, the police must issue a release that can be taken to the OPG yard for the vehicle release. You will still have to pay to the yard the cost of the tow and storage of the vehicle at the yard’s daily rate.

A violation of California Vehicle Code section 12500 (driving without a valid license) carries a maximum penalty of:

• 6 months in county jail
• A $500 fine (plus additional penalty assessments)

However, in most cases, defendants do not receive jail time and typically pay no more than $150 plus penalty assessments in fines.

Reducing a Misdemeanor to an Infraction

If the charge is reduced to an infraction, jail time cannot be imposed. Many defendants benefit from having their case reduced, avoiding the serious consequences of a misdemeanor conviction.

Probation and Case Resolution

For misdemeanor convictions, most courts require some form of summary probation, though a terminal disposition (a case resolution without probation) is also an option.

✅ Summary probation is court-supervised, meaning the defendant does not report to a probation officer. Instead, the court retains jurisdiction to ensure:
✔ All fines are paid
✔ Any court-ordered requirements are completed
✔ The defendant remains arrest-free during the probationary period

Early Termination of Probation & Expungement

Once all fines and requirements are met, the defendant can petition the court for:

• Early termination of probation
• Expungement under PC 1203.4, clearing the conviction from their record

Experienced Legal Representation

Los Angeles Criminal Defense Attorney and Los Angeles DUI Attorney specializes in licensing offenses and has extensive experience handling expungements. If you or a loved one is facing a CVC 12500 charge, contact Los Angeles Criminal Defense Attorney today for expert legal guidance.

Possible Scenarios

EXAMPLE: You are offered a job in California with a requirement that you drive for your employer. You are not allowed to drive for your job without first applying for a California driver’s license.

Los Angeles DUI and Los Angeles Criminal Defense Atorney in our office have defended numerous criminal cases for Driving without a Valid License. An expired driver’s license is considered not valid and a person who drives with an expired driver’s license can be prosecuted under California Vehicle Code section 12500.

EXAMPLE: You are pulled over for a minor traffic violation and you produce a California driver’s license to the police officer upon request. Your license expired a few days ago because you neglected to renew it after having it for ten years. You can be prosecuted under California Vehicle Code section 12500.

EXAMPLE: You moved to California two weeks ago but did not go to the DMV because you still have a driver’s license from another state. If you are stopped by a police officer you an be cited for driving without a valid license because you are required to get a California Driver’s license within 10 days of the move.

If you or your loved one is cited for Driving without a Valid License in Los Angeles, call Los Angeles Criminal Defense and Los Angeles DUI Attorney now. You will be able to talk to experienced Los Angeles attorney directly about your case. We provide quality representation at affordable prices. We offer reduced fees, and competitive payment plans, and accept all credit cards.