Free Consultation

Chris Cain Law

Can I Get Charged under VC 12500 with an Out-of-State License?

VC 12500 and Out-of-State Licenses

VC 12500 (Driving Without a Valid License) does not necessarily apply to drivers with a valid out-of-state license under certain conditions. So, how does the law apply in this situation?

 
VC 12500 Overview
  • VC 12500 makes it illegal to drive in California without a valid driver’s license.
  • This includes individuals who:
 
Out-of-State Drivers

If you hold a valid license issued by another U.S. state, VC 12500 typically does not apply as long as you meet the following conditions:

1. You Are a Visitor (Not a Resident of California)
  • California recognizes valid out-of-state licenses for individuals visiting the state temporarily.
  • You may drive with your out-of-state license without needing a California license.
2. You Become a California Resident
  • If you establish residency in California, you are required to obtain a California driver’s license within 10 days of becoming a resident. Examples of residency include:
    • Registering to vote in California.
    • Paying in-state tuition.
    • Filing California state taxes.
    • Accepting employment in the state.

Failing to obtain a California license after becoming a resident may result in a VC 12500 violation.

3. Your Out-of-State License Must Be Valid
  • The license must be unexpired and valid in the state of issuance.
  • If your out-of-state license is expired or suspended, you can still be charged under VC 12500.
 
Exceptions and Gray Areas
  • Military Personnel: Active-duty members and their dependents can legally drive in California with a valid out-of-state license.
  • Foreign Licenses: Drivers with a valid foreign driver’s license may use it for a limited time (usually up to one year) if they are visitors. Residents must apply for a California license.
 
Penalties for VC 12500 Violation

If charged under VC 12500:

  • Misdemeanor or Infraction: Often treated as an infraction for first-time offenders but can escalate to a misdemeanor.
  • Fines: Up to $1,000 (including court fees).
  • Jail Time: Possible county jail sentence of up to 6 months for repeat or egregious violations.
  • Vehicle Impoundment: Law enforcement may impound your vehicle.
 
Defenses Against VC 12500
  • Valid Out-of-State License: Providing evidence of a valid license at the time of the stop can often resolve the issue.
  • Non-Residency: Demonstrating you are not a California resident may exempt you from the requirement to hold a California license.
 

Message from Attorney Chris Cain

Don’t face a VC 12500 charge alone. At Chris Cain Law, we have the expertise to navigate the complexities of out-of-state license issues and fight aggressively for your rights. Call us today at (831) 296-0060 to schedule a consultation and take the first step toward resolving your case. An expert advocate is just a phone call away.

Share:

Send Us A Message