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What Happens if You Get Caught Driving With an Expired License in California?

Posted by John Campanella | Oct 26, 2024 | 0 Comments

Driving with an expired license can be a serious issue in California, even if it's an honest mistake. Like most states, California requires drivers to keep their licenses valid to legally operate a vehicle. In this article, we'll cover what can happen if you're caught driving with an expired license in California, how serious the penalties are, and what steps you should take if you realize your license is out of date.

1. Understanding California's License Expiration Rules

In California, your driver's license expires every five years, usually on your birthday. The DMV (Department of Motor Vehicles) will typically send a renewal notice about 60 days before the expiration date, giving you plenty of time to renew. However, life happens, and sometimes people forget to renew on time.

2. What Are the Consequences of Driving with an Expired License?

Getting caught driving with an expired license in California can lead to different consequences, depending on the situation:

  • Traffic Ticket: Most of the time, if an officer pulls you over and discovers your license has expired, you'll receive a ticket. This ticket can lead to fines, which range between $250 and $1,000 depending on the situation and how long your license has been expired.

  • Misdemeanor Charges: If you're caught repeatedly driving with an expired license or have allowed your license to stay expired for a long time, it could lead to misdemeanor charges. In California, a misdemeanor could mean additional fines and even up to six months in jail, though jail time is uncommon for first-time offenses.

  • Vehicle Impoundment: In some cases, if you're pulled over with an expired license, the officer has the authority to impound your vehicle. This means you'll have to pay impound fees to get your car back, adding even more costs to the situation.

3. What Should You Do if You're Pulled Over with an Expired License?

If you realize your license has expired while being pulled over, staying calm and respectful is key. Here are steps to take:

  • Inform the Officer: Let the officer know you weren't aware your license was expired (if that's the case).
  • Ask for a Warning: While it's up to the officer, politely asking for a warning rather than a ticket can sometimes help.
  • Resolve the Issue Quickly: If you receive a ticket, take steps to renew your license immediately. California courts may be lenient if they see that you've taken quick action to fix the problem.

4. Will an Expired License Ticket Affect Your Insurance?

Insurance companies view driving without a valid license as a risky behavior. Getting a ticket for an expired license might not directly increase your insurance premium, but if it's recorded on your driving record, your insurer could see you as a higher-risk driver. This could lead to higher premiums at your next renewal.

5. Can You Go to Court to Dispute the Ticket?

If you feel you were unfairly ticketed, you can dispute the citation in court. However, for an expired license, your success in court depends largely on whether you've renewed your license by the court date. Bringing proof that you've resolved the issue can sometimes help reduce the fine or have the charges dropped.

6. How to Avoid Letting Your License Expire

To avoid the hassle of fines, tickets, or legal issues, here are a few tips to help you keep your license up-to-date:

  • Set a Reminder: Most phones and calendars let you set yearly reminders. Set one for your license's expiration date.
  • Enroll in DMV Alerts: The California DMV offers notification options that can remind you to renew.
  • Consider Online Renewal: The California DMV allows online renewals in many cases, which can be a quick and convenient way to stay compliant.

Conclusion

Driving with an expired license in California can lead to fines, potential legal trouble, and insurance issues, so it's best to avoid it whenever possible. Keeping track of your license's expiration date and renewing it on time can save you from these hassles. If you do get pulled over with an expired license, handling it responsibly and renewing as soon as possible can help you minimize the consequences.


Frequently Asked Questions

1. How long can I drive in California with an expired license?
You technically can't legally drive at all once your license expires in California. Renew as soon as possible to avoid fines or other penalties.

2. Can I renew my California driver's license online if it's expired?
Yes, in many cases, you can renew online within a certain period, even if it's expired. However, if it's been expired for too long, you may need to visit the DMV in person.

3. Will I get points on my license for an expired license ticket?
No, a ticket for an expired license typically doesn't add points to your driving record in California.

4. How much does it cost to renew a California driver's license?
As of now, the renewal fee is usually around $38, but it can vary. Check the DMV website for the latest fee.

5. Can my car be impounded if my license is expired?
Yes, in certain cases, an officer may decide to impound your vehicle if you're caught driving with an expired license.

About the Author

John Campanella
John Campanella

I have been representing people accused of drunk driving since I began practicing in 1995. I am active member of the National College of DUI Defense, a member of California DUI Lawyers Association, I am certified by the National Highway and Traffic Association for the administration of Field Sobriety Tests. I regularly attend DUI continuing education of the Bar, have tried over 35 Jury Trials, hundreds of pretrial motions and over 1000 DMV hearings all relating to DUI cases.

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