During the holiday season, you might be tempted to rush out the house for last-minute gifts or groceries — but don’t be too hasty. Driving without a license is known as a “wobbler” or “wobblette” offense in California. A wobbler offense usually describes a crime that can be prosecuted as a misdemeanor or a felony, and a wobblette is a misdemeanor or infraction. Depending on the circumstances, a conviction for driving without a license could possibly lead to jail time. According to CA Vehicle Code (CVC) 12500, driving without a valid driver’s license is a misdemeanor offense, but it can also be filed as an infraction. The difference between a misdemeanor and an infraction is that a misdemeanor can be punished with jail time and a fine, while an infraction can only result in a fine. Don’t Worry — We’ll Cover Several Scenarios Drive Without Your License? Will You Go to Jail if You
court will only impose a fine, especially for a first offense. A judge will often show leniency by reducing the charge to an infraction if you obtain a license while your case is pending. SCENARIO NO. 3: YOU HAVE A CANCELED, REVOKED, OR SUSPENDED LICENSE. If your driver’s license was canceled, revoked, or suspended by the DMV or a judge, an officer will probably charge you with driving on a suspended license under CVC 14601 rather than driving without a license under CVC 12500. The difference is significant because CVC 14601 carries mandatory jail time if your license was suspended because of a DUI or if you have prior convictions for the offense. Additionally, CVC 14601 carries two DMV points, while CVC 12500 carries zero points.
SCENARIO NO. 4: YOU ARE AN OUT-OF-STATE OR FOREIGN DRIVER.
Now that you know the basic consequences of driving without a license, let’s go through several scenarios.
Anyone with a valid license in their home state, territory, or country over the age of 18 can drive in CA while visiting. However, once you establish residency in CA, you have 10 days to apply for a CA license. You establish residency in CA when you apply for or accept in-state tuition, file for a homeowner’s property tax exemption, register to vote in CA, or accept benefits normally extended to CA residents. (These provisions may not apply to out-of-state military personnel and their spouses temporarily stationed here and receiving state-sponsored benefits.) If you wait too long to get a California license after relocating here, an officer will probably only charge you with CVC 12500 as an infraction and advise you to get an in-state license.
SCENARIO NO. 1: YOU FORGOT YOUR DRIVER’S LICENSE AT HOME. If you rushed to work and left your wallet at home, lost your driver’s license, or simply forgot it, you probably don’t have to worry about an officer charging you with CVC 12500. Rather, an officer will probably charge you with violating CVC 12951, which requires that “the licensee shall have the valid driver’s license issued to him or her in his or her immediate possession at all times when driving …” Although the charge will get dismissed once you prove you have a valid license by presenting it to a judge, you might still have to pay a $25 dismissal fee. SCENARIO NO. 2: YOU NEVER APPLIED FOR A LICENSE. If you never had a license, an officer will probably charge you with violating CVC 12500 as a misdemeanor. Although the maximum penalty is six months in jail and a large fine, most of the time a
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