San Jose Driving Without a License Attorney
If you’re facing charges for driving without a license in San Jose, CA, the legal implications can be serious. Fortunately, help is available. Our Ahmed & Sukaram, Attorneys at Law attorneys have decades of combined legal experience and know how to advocate for individuals who find themselves in these situations.
If you need help with criminal charges in the area, Contact us today at (408) 217-8818 to schedule a free consultation. Our San Jose driving without a license lawyers are here to help.
How Ahmed & Sukaram, Attorneys at Law Can Help If You’re Charged With Driving Without a License in San Jose
Being charged with a crime in San Jose, CA, is a frightening experience – even when it’s something that seems minor, like driving without a license. It’s always a good idea for all defendants to work with a criminal defense attorney to defend themselves, no matter how minor or serious the charges are. Here’s how we can help:
Consultation
We provide a free initial confidential review to discuss the details of your case. We will listen to your side of the story and explain the process to you.
Investigative Work
Our team will conduct a thorough investigation into the incident. We identify facts that might work in your favor and develop a defense strategy to get you the best outcome possible.
Negotiation with Prosecution
Drawing on our extensive experience, we will negotiate with the prosecutor on your behalf to potentially reduce charges or penalties.
Our San Jose criminal lawyers are some of the most well-respected in the entire Bay Area region. Contact us for more information and to set up your free case review today.
Overview of Driving Without a License in California
Driving without a valid license in California is considered a criminal offense in California. This law prohibits operating any type of motor vehicle on public roads or highways without possessing a proper and lawfully issued driver’s license.
The term “highway” encompasses almost every area that’s publicly maintained and open to the public for the purpose of vehicular travel. It could be small alleyways or even parking lots in some cases.
Scenarios Where You Can Be Charged With Driving Without a License
There are several scenarios in which you could be charged with driving without a license:
No Valid Driver’s License
This occurs when your driver’s license is expired or was never issued.
Incorrect State Issuance
Make sure that your driver’s license is issued in the state where you maintain primary residence. In case you’ve recently moved to California, a new permanent California-issued driver’s license must be obtained within 10 days following your relocation.
If you fail to do this, you will be driving without a valid license even though you have one from another state.
Incorrect License for Vehicle Type
Possessing a driver’s license isn’t adequate if it isn’t issued for the type of vehicle you’re driving. For example, if you’re operating a commercial vehicle, you must have a commercial driver’s license – otherwise, it’s the same as operating without a valid license.
If you’ve been charged with driving without a license, contacting an attorney right away is critical.
What Are The Penalties for Driving Without a License in San Jose, California?
Penalties for driving without a license in California can be severe and are based on whether the offense is treated as an infraction or a misdemeanor charge. While not as extreme as a felony, it’s still a charge that should be taken seriously.
Infraction
Generally, a first-time offense is considered an infraction. This comes with a potential fine of up to $250.
Misdemeanor
If you’ve been found guilty before of violating this law, subsequent offenses are more likely to be charged as misdemeanors. Misdemeanor charges carry stiffer penalties which might include up to six months in jail and/or fines reaching up to $1,000.
It’s always a good idea to speak with a lawyer, but it becomes absolutely essential if you’ve already faced a conviction for this charge in the past.
What Defenses Are Available if You’re Charged With Driving Without a License in San Jose, California?
If you’re facing charges for operating a vehicle without a license in California, there are several potential defenses:
You’re a Visitor With a Valid License
If you are visiting the state, are at least 18 years old, and possess a valid driver’s license from your home state or country, you could use this as your defense.
Not Driving
Another possible argument is that despite being found behind the wheel, no active driving was observed, therefore resulting in inappropriate charges. For example, you were sitting in the driver’s seat, but the car was off, and you were parked in the driveway of your own home.
Valid License Not in Your Possession
Although California law mandates all drivers to have immediate possession of their license while on the roads, some leeway exists. If you don’t physically have your license when pulled over but can produce it at a later date showing that you had a valid license when stopped, this will likely be a valid defense.
Facing a charge for driving without a license in California can pose serious legal consequences. However, by understanding the charges and potential defenses available to you, you’ll be better equipped to cooperate with your counsel and navigate this challenge.
Schedule a Free Consultation With Our San Jose Driving Without a License Attorneys
While driving without a license might not sound like a big deal, it can actually lead to serious consequences in some cases. Don’t allow these charges to jeopardize your future or freedom. Let us help you.
Contact us today at (408) 217-8818 to schedule a free consultation with an experienced San Jose driving without a license attorney.