San Bernardino Driving without a License/Driving on a Suspended License Attorney

Defending Californians who have been charged with driving without a license or driving on a suspended license in San Bernardino.

Vehicle code 12500(a) makes it illegal to drive without a license in the state of California. You can be guilty of driving without a license even if you are not from California. If you have a license that was issued by another state or country and it’s valid, you can be charged with this infraction and face the consequences that come with it.

Usually, people find themselves in this situation when they have failed to renew their driver’s license, they never obtained a driver’s license or they moved to California and failed to get a new driver’s license. Even though it may seem like an oversight, this infraction can result in significant fines.

Is Driving without a License the Same as Driving with a Suspended License?

No. Driving without a license is typically charged when the driver has not had their license suspended or revoked. It literally means that the person is driving a vehicle without a valid license in hand. People who are caught driving on a suspended license are usually charged with a more serious offense because they have violated one or more of California’s driving laws.

To make sure the penalties and legal defenses are clear, we will discuss these two crimes separately.

Penalties for Driving without a License in San Bernardino

Driving without a valid license is wobbler crime, meaning that it can be charged as a misdemeanor or non-criminal infraction. Generally, however, first time offenses are usually charged as infractions. After this, you may be charged with a misdemeanor.

Infractions in San Bernardino carry fines up to $250. However, if you are charged with a misdemeanor, you could face up to six months in a county jail and/or a fine up to $1,000. Even if this is your first time being charged with driving without a license, it’s important that you have an experienced criminal defense attorney in San Bernardino to protect your best interests.

Legal Defenses for Driving without a License in San Bernardino

If you have been charged with driving without a license, our experienced San Bernardino criminal defense attorneys will review your case and determine the best legal defense. Usually, one of the following legal defenses is enough to get your case dropped, providing that you have the right team of lawyers.

• You are 18 years old and were visiting San Bernardino. You currently hold a valid driver’s license from your state or country.
• You are legally exempt from requiring a license. Only select individuals meet this criteria, such as government officers driving a vehicle controlled by the U.S. government.
• You were not driving the vehicle (“no driving” defense).
• You have a valid driver’s license but it was not in your immediate possession at the time you got pulled over. You will most likely be cited under Vehicle Code 12951, which is an infraction with a possible fine of $250.

Driving on a Suspended License in San Bernardino

California Vehicle Code 14601 makes it a crime to drive while your license is suspended or revoked. It doesn’t matter what your license was suspended for – driving without a valid license is against the law. This is a more serious crime compared to driving without a license and may include jail time and substantial fines.

You can be guilty of driving on a suspended license if your license was taken away over one of the following reasons:

• You were convicted of a DUI/DWI
• You have a mental or physical disability
• You have been declared a negligent driver
• You engaged in reckless driving

Penalties for Driving on a Suspended License in San Bernardino

Driving on a suspended license under Vehicle Code 14601 is a misdemeanor in California. Usually, the punishment includes possible time in jail and fines. However, your punishment depends on why your license was suspended or revoked in the first place. For example, if you are driving under the influence while your license is suspended for a DUI, this can be charged as a felony.

Legal Defenses for Driving on a Suspended License

An affordable criminal defense attorney in San Bernardino can help you fight a charge of driving on a suspended license. Here are some of the most common legal defenses that we use.

• You did not know that your license was suspended. In order to violate VC 14601, the prosecutor must prove that you knowingly drove on a suspended or revoked license. If you did not know this, then you are not guilty of driving on a revoked license. For example, your suspension could have been lost in the mail, or the judge was never clear with your suspension.
• You were driving on a “restricted” license. Restricted licenses are sometimes issued so that people can drive to certain places, even when their license is suspended or revoked. For instance, you may be allowed to drive to work, school or anywhere else the court permits. If you were driving to one of these places when you were pulled over, the violation is not valid.
• Your suspension was invalid. It’s possible that your driver’s license suspension was not valid to begin with. If this is the case, you can fight this charge with the help of the best San Bernardino criminal defense lawyers.

Schedule Your Consultation

If you been charged with driving without a license or driving on a suspended license, contact the Law Offices of David S. Chesley immediately. Our team of San Bernardino criminal defense lawyers have the experience and confidence to handle these cases and get the favorable results our clients deserve. There is no reason to let one mistake affect your ability to drive. Contact us today for your free consultation.