Riding a Motorcycle Without California License VC 12500

VC 12500 Driving a Motorcycle in California Without a License

California Vehicle Code § 12500 It is illegal in California to drive a motorcycle or any motor-driven or motorized cycle. You would need to have a valid driver’s license to do so. However, a driver’s license doesn’t need to be the only thing that is applicable in California. Nonresidents of California can drive in California as long as they are over the age of 18. Also in their possession is a valid driver’s license from the jurisdiction in which they reside. According to California Vehicle Code § 12503, if the jurisdiction in which the individual resides does not require a driver’s license, then the individual can drive in California without a driver’s license, but not to exceed 30 days.

What Does “State of Domicile” Mean?

According to California Vehicle Code § 12505, an individual’s place of residence can be a determination by their “state of domicile,” which is the state where a person can show a fixed, and permanent home and principal residence and to which he or she can return when absent. An individual is domiciled in the state in which they intend to live for an indefinite amount of time. If the individual came to California from Nevada with the intent to stay for a month and then return back to their home in Nevada, then their domicile, and residency, is in Nevada. Courts will typically look at evidence such as: where an individual can register to vote; where an individual pays taxes; and whether the individual pays resident tuition at a university in order to establish an individual’s state of residency.

What is Vehicle Code § 12500 et seq.?

Under California Vehicle Code 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.

What Are The Penalties for VC 12500 Driving a Motorcycle in California Without a License?

VC 12500(a) driving without a valid license can be charged as either a California infraction or a California misdemeanor. 

The misdemeanor penalties for driving without a license can include:

1. Up to six (6) months in county jail and/or
2. A fine of up to one thousand dollars ($1,000)

What Does the Court Need to Prove Under VC 12500?

In order for the court to prove that you are guilty of driving without a valid license, they must establish two elements:

1. You drove on a street or highway, and
2. At the time you drove, you did not hold a validly issued driver’s license.

Motorcycle Accident: No Motorcycle License and No Insurance: Proposition 213 Uninsured Motorist

Under California law, it is a requirement for drivers to carry liability insurance when operating a motor vehicle on a public road. If you got into an accident, due to the fault of another, while operating a motor vehicle without liability insurance, you likely fall under “Proposition 213”.Under California law, uninsured motorists involved in traffic collisions within the State of California, whether or not the collision was the cause by the uninsured motorist, they cannot recover general damages such as pain and suffering.

KAASS Law may be able to help you either dismiss or reduce your VC 12500 charges to a less-serious infraction.

If you were involved in a motorcycle accident you were both unlicensed and uninsured at the time of the collision, we further invite you to call our Los Angeles Motorcycle accident lawyer at (310) 943-1171 any time!

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