Although this difference seems obvious, people often mistake the non-criminal infraction of driving without a license in one’s possession for the more serious misdemeanor offense of driving without a valid license.
1. What is the law under Vehicle Code 12951?
California Vehicle Code 12951 penalizes driving without a license in your possession.1
As previously stated, a violation of this law is a non-criminal infraction that prosecutors must dismiss if you later prove that you were validly licensed at the time of your offense.
2. What is the law under Vehicle Code 12500?
California Vehicle Code 12500 penalizes driving without a valid license.2
Prosecutors typically charge this crime as a misdemeanor. This offense is charged when, at the time you are caught driving, the California Department of Motor Vehicles (or the DMV from another state) hasn’t issued you a license.
As a misdemeanor, California Vehicle Code 12500 VC driving without a license subjects you to a six-month county jail sentence and a maximum $1,000 fine. However, if after you are charged with this offense, you take affirmative steps to secure a valid driver’s license, your VC 12500 misdemeanor will likely be reduced to a non-criminal infraction or dismissed altogether. (See our article, “What are the penalties for driving without a license in California?“)
Legal References:
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- California Vehicle Code 12951 VC.
- California Vehicle Code 12500 VC.
