CVC 12500(a) Driving without a license in California

California Criminal Defense, California Traffic Ticket

October 9, 2017

CVC 12500(a) California Traffic Lawyer Mark A. Gallagher explains the Basics of VC 12500(a)

California Vehicle Code Section 12500 or CVC 12500(a) or simple VC 12500(a) requires a valid license to drive a car in California.

Is VC 12500(a) an infraction or a misdemeanor? VC 12500 is what is known as a “wobblette” under California law. This legal slang means that the charge can be prosecuted as either a misdemeanor or an infraction. The Judge hearing your case will have the authority under PC 19.8 to reduce the charge from a misdemeanor to an infraction in his or her discretion. The distinction between an infraction and a misdemeanor is significant. An infraction by law can only carry a fine as a penalty. A misdemeanor violation for the exact same crime can carry up to 6 months in the county jail.

Is my ticket for VC 12500 an infraction or misdemeanor?

Many people make the mistake of assuming that this can be determined by looking at the ticket itself. If you take a close look at the center section of your ticket, you may see that the officer has written on the ticket VC 12500(a) misdemeanor, or VC 12500(a) infraction. Some law enforcement agencies have a section on the ticket where the officer can circle an M for misdemeanor or an I for infraction. The ticket doesn’t tell you the complete answer because this only tells us the charge that you were cited for by the officer. This doesn’t necessarily control what you will be charged with when you get to court.

The prosecuting attorney for that jurisdiction (usually a District Attorney or local City Attorney) will have the authority to either allow the case to proceed as a simple traffic ticket or to file a criminal complaint charging the violation of VC 12500 as a misdemeanor. If a criminal complaint is filed, it may be possible to negotiate a reduction with the prosecutor, or a motion can be made to have the Judge make the reduction. You also have the option of litigating the charge and forcing the state to prove that you committed the violation beyond a reasonable doubt.

Can I drive in California with a license from another state or a license from another country?

California law allows you to drive in California with a valid license from another State under Vehicle Code Section 12505. (a)(1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person’s state of domicile. “State of domicile” means the state where a person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.

Prima facie evidence of residency for driver’s licensing purposes includes, but is not limited to, the following:

(A) Address where registered to vote.

(B) Payment of resident tuition at a public institution of higher education.

(D) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

(2) California residency is required of a person in order to be issued a commercial driver’s license under this code.

(b) The presumption of residency in this state may be rebutted by satisfactory evidence that the licensee’s primary residence is in another state.

“Resident” means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency.