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If you choose not to apply for and obtain an AB 60 license, there could be consequences. Those consequences are governed by Vehicle Code 12500(a) VC. 12500(a) VC states that it is a crime to drive without a valid driver’s license. Violation of 12500(a) VC can be charged as either a misdemeanor or an infraction. The penalties for a misdemeanor are up to six months in jail and a $1,000 fine. The penalty for an infraction is up to a $250 fine. Normally, the first violation of 12500(a) VC is charged as an infraction, but that is not always the case. It can be charged as a misdemeanor even if it is your first violation.
What to say if you get caught
If you are to get caught driving without an AB 60 license you should be respectful and only answer the questions the law enforcement officer asks of you. Additionally, you should always give your correct identifying information. If you lie and give false information, there are two offenses that you could be charged with that have heavy penalties attached. Penal Code 148.9 PC, showing false identification to a peace officer, and Vehicle Code 31 VC, providing false information to a peace officer, are both misdemeanors and carry penalties of up to six months in jail and/or a hefty fine.
Unlike some states, California does not have a general “stop and identify” law. This means that people stopped by law enforcement officers are not required to show identification – unless they are driving. Therefore, if you are stopped and asked to identify yourself, you must. However, undocumented immigrants should never tell a law enforcement officer about their status without first speaking to a lawyer.
What happens after you are caught
California Vehicle Code 12500(a) VC penalizes people who drive without having been issued a current, valid driver’s license or AB 60 license at all.
If you are caught driving without a driver’s license or AB 60 license, you can be charged in violation of 12500(a) VC either as an infraction or a misdemeanor. The main factor that the prosecution will consider in a 12500(a) VC case is the defendant’s driving history. A first-time offense will usually be charged as an infraction. Subsequent offenses are more likely to be charged as a misdemeanor, and this is in the prosecutor’s or the court’s discretion.
Someone who was issued a driver’s license or AB 60 license but does not have it in his or her immediate possession will instead be cited under Vehicle Code 12951 VC, which is California’s law for failing to display a driver’s license. Vehicle Code 12951 is most often charged as an infraction. It can be punished by at most a $250 fine. Even then, the charge will usually be dismissed as long as the driver presents the court with a license that was valid at the time of the arrest.
The court process from that point.
As stated above, driving without a license in California may be a criminal misdemeanor with substantial fines or possible imprisonment. This will require you to make one or multiple court appearances. The burden of proof in California “driving without a license” cases is a bit unusual. For most state offenses, the prosecution must prove each element of the crime “beyond a reasonable doubt.” However, in a 12500(a) VC case, the prosecution does not bear the burden of proving that the defendant drove without a driver’s license or AB 60 license. Instead, the prosecution simply has to allege that the defendant was not licensed at the time of driving. The burden then shifts to the defendant to prove that he or she had a valid driver’s license or AB 60 license. This is the case because it is easier for the defendant to prove he or she is licensed than for the prosecution to prove he or she is not licensed.
Therefore, if you find yourself in a situation where you have been charged with driving without a license or AB 60 license, it may be in your best interests to promptly consult with a well-qualified and experienced criminal defense attorney. A well-qualified criminal defense attorney will be knowledgeable about how these charges will affect your immigration status and the possibility of deportation. An experienced criminal defense attorney will help you assert your best legal defenses to your charges, if any, and may even get your charges dropped.
Under California law, it is possible for an undocumented immigrant to get a driver’s license. The law, AB 60, states that people who are unable to provide proof of legal presence in the United States may get a valid California driver’s license if they:
The right to drive legally and have a valid form of identification is important to many undocumented immigrants, but this must be balanced against the risks taken in exposing themselves to local, state and federal law enforcement agencies.
Protections under California law
No state or local law enforcement agents may discriminate against a person who holds an AB 60 license. This means an immigrant who has an AB 60 license cannot be investigated, arrested, cited or detained simply because of having that type of license. But an AB 60 license holder is subject to all the other laws any other California driver must obey. For example, an AB 60 license holder may be stopped and cited for suspicion of DUI or for driving on an expired license.
Also, other California laws state local and state law enforcement agents may not ask someone about their immigration status and cannot notify federal authorities when they come in contact with a person with an AB 60 license. However, if the Department of Homeland Security or Ice or other federal agency specifically asks the California DMV about an individual who has an AB 60 license, the DMV can provide that person’s address and photo.
No protection under federal law
An AB 60 license is not valid for any purpose under federal law. A holder is not protected against discrimination from any federal law enforcement agent, and an AB 60 license should never be presented to a representative of any federal agency, such as at a border crossing or an airport.
Risks of driving without a license
First of all, getting a valid AB 60 license means the individual has shown the knowledge and skills necessary to be a driver, which protects others on the road in addition to the driver. If a person is stopped by law enforcement while driving without a valid license, a violation of Vehicle Code 12500 VC, there are two possible options:
Charged as an infraction, with a potential fine of up to $250
Charged as a misdemeanor, with a potential fine of up to $1000 and up to six months of jail
An infraction is typically charged when the driver has no previous offenses, and a misdemeanor may be charged on a second offense. It is important to understand that an infraction is a non-criminal matter, but a conviction for a misdemeanor gives the person a criminal record.
Under California law, deportation is not a legal consequence for driving without a valid license.
Summary
As an undocumented immigrant, whether you choose to get an AB 60 driver’s license is very much a personal decision. The federal government’s policy regarding immigration is a major factor and does change over time. Generally, if you have no criminal history, have not fraudulently obtained a social security card or driver’s license in the past, are not currently being sought by immigration officials or other law enforcement agencies, and will be driving in California, it is wise to consider obtaining an AB 60 license.
