Per California Vehicle Code Section 12500(a):

A 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.

An important distinction to be aware of is if you have had your license suspended or revoked by the DMV or through a court action, it is far more likely that you will be charged with VC 14601, driving on a suspended license. Generally speaking, VC 14601 is a more serious offense than VC 12500 with greater potential penalties.

Additionally, if you are stopped by law enforcement but you have a valid license although not in your possession, you most likely will be cited for violation of VC 12951, failing to display a license, a less serious charge.

Overview

California law does not mandate you hold a California license to drive within the state, yet you must have a valid license from the state of your residence and the license must be valid for the type of vehicle you are driving, as indicated in VC 12500 sections (b) through (d).

Typical violations of VC 12500 occur:

• If you never had a driver’s license in the past
• If you at one time had a valid license but it expired and you failed to properly renew it
• If you at one time had a valid license from another state but moved to California and established residency here yet never applied for and received a California license

Penalties

Violation of VC 12500 can be prosecuted as an infraction, with a maximum $250 fine the sole penalty, or a misdemeanor with potential consequences of jail time, fines up to $1000 and probation. The key factor in what occurs in your case will be your past driving record. For example, if you have had no previous convictions, an experienced Los Angeles traffic ticket attorney may be able to delay the resolution of your case to allow you to acquire your license. When you subsequently walk into court with a valid license, the judge is likely to be inclined to be more lenient.

Undocumented Individuals

Under Assembly Bill (AB) 60, the DMV is required to issue an original license to an applicant who cannot offer proof of legal presence in the US if the individual complies with all the other requirements, including proof of identity and proof of California residency.