What happens if you are caught driving without a license

If you have been charged with the criminal offense of “no valid” driver’s license under Florida Statute Section 322.03, then contact an experienced criminal defense attorney with Sammis Law Firm in Tampa, Hillsborough County, FL.

Our criminal defense attorneys focus on criminal traffic cases in the greater Tampa Bay area.

Even if you just received a citation or a “notice to appear” you should be aware that you were actually arrested and released at the scene on a criminal charge. Even a first offense for driving with “no valid driver’s license” is a second degree misdemeanor which is punishable by 60 days in jail and a $500 fine.

Especially for individuals with no prior record, it is important to retain a criminal defense attorney to protect you and help you fight for the best possible results. Numerous defenses exist to this charge.

Attorney for a No Driver’s License Charges in Tampa, FL

If you have been charged with driving with no valid license or driving with no valid commercial license, then contact an attorney at the Sammis Law Firm to discuss your case. Call (813) 250-0500 today.

Our attorneys represent individuals charged with “no valid” driver’s license in Plant City and Tampa for Hillsborough County, St. Petersburg and Clearwater for Pinellas County, Bartow for Polk County, New Port Richey and Dade City for Pasco County, or Brooksville for Hernando County, FL.

We can help you protect your criminal record, driving record and begin your defense today.

Call us to discuss your best defense and strategies to fight your charges today.

Call 813-250-0500.


“No Valid Driver’s License” under Section 322.03

Driving without a valid license is often charged under Florida Statute Section 322.03 especially in cases in which the driver has never obtained a Florida driver’s license. The offense is a second-degree misdemeanor which is punishable by 6 months in jail and/or a five hundred dollar fine.

The next time the driver is caught driving without a license the offense is usually charged as “driving while license suspended or revoked” with knowledge (DWLSR) with is also a second-degree misdemeanor. The next offense can be charged as a first-degree misdemeanor.

Three charges of DWLSR within a five year period will result in a five-year revocation of your driver’s license as a habitual traffic offender. For this reason, many charges of DWLSR are negotiated down to “no valid” charges so that it does not trigger a HTO revocation.


No Valid Driver’s License Does Not Cause a Strike for HTO Purposes

Under a weird quirk in Florida law, a civil citation for driving on a suspended driver’s license without knowledge (a civil infraction) or with knowledge (a criminal charge) will both count as a strike against you for purposes of becoming a habitual traffic offender. On the other hand, the criminal charge of No Valid Driver’s License does not count towards one of the strikes for HTO purposes.

For this reason, it is often the goal in a driving with a suspended license suspended with a knowledge case to get the prosecutor to reduce the charge to “no valid driver license” so that driver does not become a Habitual Traffic Offender with a five-year revocation of his driving privileges.


Stop Driving Until You Obtain a Valid Florida Driver’s License

Because the penalties increase dramatically with each subsequent charge it is important not to drive until your full driving privileges have been reinstated. Hiring an attorney can often speed up the process. Our goal is to help you resolve your case for the best possible outcome.

Although the criminal offense of “no valid” driver’s license does not count as one of the serious driving offenses that can lead to a “habitual traffic offender” designation with a five-year revocation, it is nevertheless a criminal offense with criminal penalties.


This article was last updated on Tuesday, May 11, 2021.

What Happens if You Get Caught Driving without a License in California?

What happens if you are caught driving without a license

In California, driving without a license is illegal. So what happens when you are caught operating a vehicle without a license? Well, you could face criminal charges that lead to fines or even time in jail. 

If you have been caught driving without a driver’s license, do not hesitate to seek legal counsel in battling your charges. With an attorney on your side, it is possible to mitigate the consequences of driving without a license. 

What Is Vehicle Code §12500?

Vehicle code 12500 is used by the California court system to charge and prosecute drivers who drive their vehicles without proper licensure. When charged with a crime based on this code, you can face an infraction or in other cases, misdemeanor charges. The infractions are only minor charges, while misdemeanor charges are more serious. 

What Are the Penalties for VC §12500 Infractions?

In California, infractions are typically treated as minor charges. If you get an infraction, the primary consequence is usually just a small fine. These fines amount to approximately $250 for most drivers. 

What Are the Penalties for VC §12500 Misdemeanors?

Some unlicensed drivers are charged with a misdemeanor rather than a minor infraction. Misdemeanor accusations tend to be more serious and often lead to greater consequences than infractions. When you get a misdemeanor charge, it is likely because this is your second offense of driving without a license. 

These are the most common misdemeanor penalties for people convicted of driving without a license:

  • Fines of $1,000 maximum
  • A maximum of six months of jail time

What Should You Do if Caught Driving Unlicensed?

If a police officer stops you, they will ask for your driver’s license under most circumstances. You will also be required to provide some proof of insurance and proof of vehicle registration. If you do not have your license or your license has expired, you will have a problem. 

In California, drivers are required to have valid driving privileges through licensure to legally operate a vehicle. If you do not, then you may be subject to VC 12500 charges. Some scenarios that may lead to a charge include:

  • You have not obtained a driver’s license 
  • You had a driver’s license and did not have it renewed on time
  • You relocated to California from elsewhere but did not get your license replaced

A ticket or charge may be issued if you are unable to provide proof of your driver’s license during a legal stop. Though, it is important to note police officers are not allowed to stop you only because they suspect you may not have a license. Usually, your lack of proper licensure is discovered through stops made for other reasons, such as speeding, reckless driving, or a different traffic violation. 

What if Your License Isn’t with You?

You can be charged with driving without a license when you don’t have your license with you. How severe this situation is depends on whether you actually have a license and forgot to keep it on your person or in your vehicle. Things get even more complicated if you are licensed to drive in other states but did not have your license with you.

If you do have a license and received charges for driving without a license, speak to a lawyer immediately. They can help you sort things out by acquiring DMV records from the state you are licensed to drive in. This can help you mitigate your VC 12500 charges. 

Can You Get a License After Your VC §12500 Charge?

If you are arrested for not having a valid driver’s license while operating a vehicle, you may have the opportunity to have your case put on hold while you acquire a proper license. This outcome is more attainable likely for people who are on their first VC §12500 offense, though some second-time offenders are granted this grace period under certain circumstances. 

Once a proper license is obtained, the court has the option to reassess your case. For example, people with misdemeanor VC §12500 charges could have the charges dropped down to a minor infraction. In some cases, the charges could be completely dismissed. If it is, you won’t need to serve jail time or pay fines related to the charges. 

If your goal is to have VC §12500 charges dropped entirely, it makes sense to hire an attorney to help guide you through the legal process. With legal counsel, your chances of avoiding a conviction are much greater. 

What if Someone Else Was Driving?

If you were not driving at the time of your arrest, you should be able to avoid charges completely. It is not illegal to sit in a car while you do not have a driver’s license. Rather, you are not legally supposed to drive the vehicle. 

If this is the situation you have found yourself in, you need to speak to a lawyer about your case. Through the case assessment process, your attorney can help you review your options for building an effective legal defense. 

Avoid Criminal Charges for VC §12500 Arrests

Being caught driving without a license can quickly lead to criminal charges being filed. To avoid this, have a lawyer help you combat the accusations. This can prevent a conviction, allowing you to avoid jail time and any associated fines. 

To discuss VC §12500 charges during a free consultation, just call or complete the online contact form. Los Angeles DUI Attorney will stand by your side as you work to fight these troublesome charges. 

What happens if you drive around with no license?

Driving without a valid driver's license is a serious offense that can result in jail time and higher insurance rates. Charges for driving without a license vary by state, but there are usually hefty fines involved if you get caught by law enforcement.

What happens in Florida if you drive without a license?

In Florida, 'No Valid Driver's License' is classified as a second degree misdemeanor, with penalties of up to 60 days in jail and a $500 fine. Although the majority of cases will not result in a jail sentence, the principal consequence of a No Valid License conviction is that it will create a permanent criminal record.

Can you go to jail for driving without a license in Ohio?

Penalties for Driving Without a License in Ohio This is punished by up to 6 months in jail and up to $1,000 in fines. If you are convicted for driving without a valid driver's license and your license is expired, you will be charged with a minor misdemeanor. This entails up to $150 in fines.

Can you go to jail for driving without a license in Maryland?

Driving or attempting to drive without a license on Maryland roads without a license carries a maximum penalty of 60 days in jail and/or a $500 fine. A conviction for driving without a license will result in 5 points being assessed.