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Driving Without a License

If you have been cited for driving without a license or driving with invalid license in the State of California, the laws will be tough on you. California has a strict code for vehicle and road discipline and has severe penalties for offenders. The laws and penalties against driving without license are different from laws dealing driving while suspended license. Driving without a license can be charged as an infraction or a misdemeanor criminal offense in California. So, if you are stuck with run in with law involving invalid driving license, it is in your best interest to contact a seasoned criminal defense lawyer that successfully defend you against these charges. With strict monetary and jail penalties, you should not take driving without license conviction lightly.

The situation and circumstances of your charges play an important role in determining the conviction and penalty. A driver that is driving a car for which he is not licenses will receive different sentence from a driver that is unlicensed and never obtained a license in California. At David S. Chesley’s law office, we have almost 50 years of experience in California’s legal system and have worked on both sides of law. We have helped hundreds of clients facing tough sentences in driving without license cases with no or minimum sentence. Analyzing the situation and laws, we suggest a course of action with the most favorable outcomes.

CA Vehicle Code 12500

VC 12500 in California’s law deals with the unauthorized and unlicensed driving. Just like in any other state, it is mandatory for the driver to have an appropriate, valid driving license for the vehicle it is driving. The VC 12500 (a) states,

“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.”

What Is a Valid Driving License?

A valid driving license can be the license issued by California’s DMV to the residents of California to drive vehicles. There is different driving license for light traffic vehicle, heavy traffic vehicle and motor cycles. You cannot drive a HTV on a LTV license as it will result in driving without license charges.

Furthermore, a person can drive in the streets and highway in California if the person is a visitor in the state and has a valid driving license of another state.

When Does the Driving Without License Charges Apply?

When you are stopped over on the highway or street, the peace officer asks you to show your driving license and identity proofs. If you fail to produce the driving license or your license is invalid, the peace officer can cite you for driving without license. The following situations can be the reason,

You never obtained the driving license from DMV Authority in California
You did not renew your driving license after it has expired.
You have established yourself in the state, but did not get the license from state of California. In this case, the driving license from any other state is considered invalid.

To prove that you have established yourself in California, the prosecution’s office provides different types of evidences such as you are a registered voter in California, you are paying resident’s tuition fee at a local college or university, or you have filed for property tax exemption in the state.

Penalties for Driving Without License

The driving without license in California is often nicknamed as ‘wobbler’ which means that it can be charged as an infraction or as misdemeanor. The factors that can affect the severity of charges depend on

Specific circumstances of your stopover
Previous Traffic Violation Record

Most of the first-time violations are charged as infraction while the second time or subsequent offenses are charged as misdemeanor.

Infraction

If it is your first offense of Driving Without License, you are most likely convicted as infraction and you are fined up to $250.

Misdemeanor

If you are charged with misdemeanor, you can face charges up to,

$1,000 fine
6 months in jail
3 years Informal probation
30-day car impoundment.

Car impoundment means that your car will be towed away and locked for 30 days which means that you will also have to pay impoundment fee as well as parking fee for 30 days.

Seek Our Help for Successful Defense

A driving without license misdemeanor means that it will become a part of your record and will show up in your background checks. For illegal aliens or immigrants, the situation can be more tough as they cannot legally acquire license and a misdemeanor can delay their green card or legalization. We work to reduce the misdemeanor charges to infraction through a solid defense case.

We identify and explore all possible defense options and pursue the most effective defense arguments that weaken prosecutor’s evidences or invalidate them.

Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

What our clients say Client Testimonials

I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Rodrigo L.

I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Ricardo Esteves

My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Erica Geller

I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Elizabeth F.

I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Leon Hanley

I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Britanny Givens

David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
Andrew A.

very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
Rita K.

I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.

Thank you Negin.
Gabriel V.

An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
Jason Corona

They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome.
Santiago L.