Failure to Present a Driver’s License | Vehicle Code § 12951

Description

If a driver either refuses to show a license to a law enforcement officer, or drives without a valid driver’s license in their possession they may be charged with Failure to Present a Driver’s License. The court is required to dismiss the charges if you can produce for the court a driver’s license which was valid at the time of the arrest. If you are charged for refusing to show a driver’s license to a police officer then the offense, rather than dismissal, becomes a misdemeanor.

What does the prosecutor have to prove?

1. Defendant drove a motor vehicle upon a highway.
2. Defendant had a valid driver’s license issued by the Department of Motor Vehicles.
3. Defendant did not have the valid driver’s license in his or her immediate possession.

Punishment

Infraction

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No