In most cases, driving crimes attract serious penalties upon conviction. These penalties may include hefty fines, suspension of your driver’s license, being listed as a habitual traffic offender, and lengthy imprisonment terms. To avoid these penalties, you need to build a robust defense strategy.
This article will give an overview of the most common driving crimes under California vehicle codes. We invite you to contact us at Leah Legal: Los Angeles Criminal Lawyer if you are facing any driving crime charges in the Los Angeles area.
Vehicle Code 20 - False Statements to the DMV or CHP
According to Vehicle Code 20, knowingly making false statements to the Department of Motor Vehicles (DMV) or the Department of the California Highway Patrol (CHP) is a criminal offense. You face this charge if:
- You give a false social security number when completing a vehicle registration form with the DMV.
- You use a fake name when filling in a report for the CHP.
- You use a fake insurance card to apply for a driver’s license.
This offense is a misdemeanor. Its punishment is a maximum county jail term of six months or up to $1,000 in fines.
Additionally, it is a criminal offense to lie to the police during a traffic stop. Vehicle Code 31 sets out the criminal offense of providing false documentation or information to a police or peace officer.
You may be charged under Vehicle Code 31 if you give a false name, vehicle registration, or driver’s license when flagged down by the police at a traffic stop. You may also face this charge if you give a false answer to any question the police ask you.
Like false statements to the DMV or CHP, providing false documentation or information to a police or peace officer is a misdemeanor. Its penalty is a county jail term of up to six months or up to $1,000 in fines.
Vehicle Code 2800 - Disobeying a Peace or Police Officer
According to Vehicle Code 2800, it is a criminal offense to disobey a peace or police officer. This crime happens if you refuse or fail to comply with any lawful direction or order of the police or peace officer.
For instance, you can be charged with this offense if:
- You flee after a police officer tells you to remain still.
- You fail to comply with a police officer’s order to get out of the car.
- You drive through an emergency area closed off by the police.
This offense is categorized as a misdemeanor. Its penalty is a county jail term of up to one year or a fine of up to $1,000.
Vehicle Code 2800.1 - Evading a Peace or Police Officer
According to Vehicle Code 2800.1, it is a criminal offense to flee from a peace or police officer willfully. This offense is categorized as a misdemeanor. Its penalty is a county jail term of up to one year or a fine of $1,000.
You will be charged under California Vehicle 2800.2 if you evade a police officer while driving recklessly or dangerously. This offense is normally referred to as felony reckless evading. You may receive a state prison sentence of up to three years upon conviction.
If you cause injury or death while evading a peace or police officer, you will be charged under Vehicle Code 2800.3. Upon conviction, you may receive a state prison sentence of up to seven years if someone else was injured or up to ten years if someone else died while you were evading the police officer.
Lastly, if you drive in the opposite direction of traffic while evading the peace or police officer, you will be charged under Vehicle Code 2800.4. This offense attracts a state prison term of up to three years upon conviction.
Vehicle Code 4000a1 - Vehicle Registration
Vehicle Code 4000a1 makes it illegal to drive a car without a valid registration. This offense is categorized as an infraction.
If you are caught driving a car without a valid registration, the police will issue you a ticket. You will be required to pay a $280 fine plus court costs.
However, note that these tickets are usually correctable ‘fix-it tickets.’ This means you cannot receive any punishment if you register your car after receiving the ticket.
Also, the police can still issue you a ticket even if you were not driving the car. You can even be issued a ticket if you had parked the car at a parking facility.
Moreover, note that California traffic laws require drivers to show police proof of vehicle registration upon request. If you display invalid or false proof of registration, you may be charged under Vehicle Code 4462.
When convicted, you may receive a jail sentence of up to six months. Or, you may be ordered to pay an amount of money not exceeding $1,000 as a fine.
Furthermore, if you present to the police a registration card or display a license plate that was not issued for the car you are driving, you will be charged under Vehicle Code 4462.5. This offense is deemed a misdemeanor. It is punishable by a county jail term of up to six months or a fine of up to $1,000.
Additionally, as per Vehicle Code 4463, it is a criminal offense to engage in forgery or fraud in regard to vehicle registration certificates, smog test certificates, registration stickers or tags, and license plates. A conviction of this offense can result in a state prison sentence of up to three years.
Vehicle Code 4461 - Misuse of Handicap License Plates or Placards
Vehicle Code 4461 makes it a crime to misuse a handicap license plate or placard. You can be charged with this offense if:
- You lend your handicap license plate or placard to someone else.
- You knowingly allow someone else to use your handicap license plate or placard.
- You display a handicap license plate or placard that was revoked or canceled.
- You display a handicap license plate or placard that was issued to someone else.
- You park in a designated disabled parking space, but you are not disabled.
This offense can be charged as either an infraction or a misdemeanor. As an infraction, it may attract a civil fine of between $250 - $1,000.
As a misdemeanor, its penalty is a county jail term of up to six months or a fine of up to $1,000. Note that you cannot be charged with this offense if you were using the handicap license plate or placard to transport a disabled person.
If you engage in forgery or fraud of handicap license plates or placards, you will face charges under Vehicle Code 4463. The penalty for this offense is a state prison sentence of up to three years.
Vehicle Code 5200 - License Plate Display Requirements
Vehicle Code 5200 requires motor vehicle owners to fasten and display vehicle license plates. Failure to do so is an infraction, punishable by a $197 fine plus court costs. You can be charged with this offense if:
- The DMV issues you two license plates, and you display only one.
- You fail to keep your license plates legible and visible.
- You fail to fasten and display a license plate on your motor vehicle.
- The DMV issues you one license plate, and instead of attaching it to the rear of your car, you place it at the front.
Additionally, Vehicle Code 5204 requires you to attach current or up-to-date registration tabs on the rear license plate of your car. Failure to do is an infraction, punishable by a $197 fine plus court costs.
Vehicle Code 10501 - False Reports of Auto Theft
Vehicle Code 10501 makes filing a fraudulent or false auto theft report criminal. For instance, you may be charged under Vehicle Code 10501 if:
- You report to the police that your car was stolen when it was not.
- You tell a police officer that your neighbor’s, friend’s, or family member’s car was stolen when it was not.
- You falsify an auto theft report to law enforcement to help someone else commit insurance fraud.
This offense is categorized as a misdemeanor. Its punishment is a county jail term of up to six months or a fine of up to $1,000.
Vehicle Code 10750 - Altering, Destroying, or Changing a VIN
Vehicle Code 10750 makes it criminal to alter, destroy, or change a vehicle identification number (VIN) without being authorized by the DMV. This offense is categorized as a misdemeanor. Its penalty is a county jail term of up to one year or a fine of up to $1,000.
However, if you alter, destroy, or change a VIN to misrepresent or hide the car's identity so that you can sell or transfer it, you will be charged under Vehicle Code 10802. Upon conviction, you may receive a county jail term of up to three years or be ordered to pay a fine of up to $25,000.
You will be charged under Vehicle Code 10752 if you sell or possess a fraudulent or stolen VIN. The criminal offense of selling or possessing a fraudulent or stolen VIN is categorized as a wobbler.
As a misdemeanor, it attracts a county jail term of up to one year or a fine of not less than $250 upon conviction. As a felony, it attracts a county jail term of up to three years or a fine of up to $5,000 upon conviction.
Vehicle Code 10801 states that operating or owning a chop shop is illegal. You will face charges under Vehicle Code 10801 if you work in or run any shop that alters, takes apart, or stores stolen motor vehicles or vehicle parts to sell, dispose of, or hide their identity.
Operating or owning a chop shop is categorized as a wobbler. If convicted of it as a felony, its penalties include a county jail term of up to four years or a fine of up to $50,000. The penalty for misdemeanor operating or owning a chop shop is a county jail term of up to one year or a fine of up to $1,000.
Additionally, if you buy or possess a vehicle with an altered VIN, you may find yourself facing criminal charges under Vehicle Code 10803. This offense is categorized as a wobbler. As a misdemeanor, it attracts a county jail term of up to one year or a fine of up to $1,000 upon conviction. The penalty for felony buying or possessing a vehicle with an altered VIN is a county jail sentence of up to three years or a fine of up to $30,000.
Vehicle Code 10851 - Unlawful Driving or Taking of a Motor Vehicle
Vehicle Code 10851 states that taking or driving someone else’s car without their consent is unlawful. This criminal offense is commonly referred to as ‘joyriding.’
This offense is categorized as a wobbler. If it is charged as a misdemeanor, it is punishable by a county jail term of up to one year or a fine of up to $5,000. The penalty for felony joyriding is a state prison term of up to three years.
Vehicle Code 10852 - Tampering with a Motor Vehicle
Vehicle Code 10852 states that it is unlawful to do the following:
- To tamper with a motor vehicle as a whole.
- To remove or break individual parts of a motor vehicle.
This offense is categorized as a misdemeanor. Its punishment is a county jail term of up to one year or a fine of up to $1,000.
Vehicle Code 12500 - Driving Without a Driver’s License
Vehicle Code 12500 makes driving without a driver’s license unlawful. You will be held to have committed a traffic violation under Vehicle Code 12500 if:
- You fail to renew your driver’s license.
- You fail to obtain a driver’s license in the first place.
- You become a California resident and fail to get a new driver’s license within ten days.
This offense can be charged as either a misdemeanor or an infraction. As a misdemeanor, it attracts a county jail term of up to six months. As an infraction, it attracts a $250 fine but no jail time.
However, driving on a suspended or revoked license will make you become charged under Vehicle Code 14601.1(a). Upon conviction, you will receive a jail sentence of up to six months or be ordered to pay a fine of up to $1,000.
Additionally, Vehicle Code 12951 makes it an infraction to drive without having your driver’s license in your possession and a misdemeanor to refuse to display your driver’s license when requested to do so by law enforcement. The misdemeanor attracts a county jail term of up to six months or a fine of up to $1,000. The infraction is punishable by a $250 fine.
Vehicle Code 13004 - Unlawful Use of Fake ID Cards
You will be charged under Vehicle Code 13004 if you possess a fake ID or lend out your ID for someone else to use. This offense is a misdemeanor punishable by a county jail term of up to six months or a fine of up to $1,000.
Additionally, if you sell or manufacture fake ID cards, you will be charged under Vehicle Code 13004.1. This offense is a misdemeanor, punishable by a fine of up to $1,000 and a one-day community service, but no actual jail time.
Vehicle Code 16028(a) - Proof of Automobile Insurance
Vehicle Code 16028(a) mandates drivers to carry proof of automobile insurance and present it to the police when asked to do so. Failure to do so is an infraction, punishable by a fine of between $100 - $200.
Vehicle Code 16056 sets the minimum auto liability insurance coverage as follows:
- $5,000 for property damage to others.
- $30,000 for bodily injury of two or more people.
- $15,000 for bodily injury of one person.
Vehicle Code 20001(a) - Hit and Run
Vehicle Code 20001(a) makes it a felony to cause an accident and flee while leaving the victim dead or injured. This offense is punishable by a state prison sentence of up to four years or a fine of up to $10,000.
However, if only property was destroyed and no person died or was injured, you will be charged with the criminal offense of hit and run as a misdemeanor. Upon conviction, you will face a county jail sentence of up to one year or be ordered to pay a fine of up to $10,000.
Vehicle Code 21209 - Driving on a Bike Lane
Vehicle Code 21209 states that it is unlawful to drive on a bike lane except in the following circumstances:
- Parking.
- Entering or leaving a roadway.
- Preparing for a turn from an intersection.
The police will issue you a ticket if they find you driving on a bike lane. As punishment, you may part with $238 as a fine. You will also receive one point on your DMV record.
Vehicle Code 21464 - Defacing or Interfering with a Traffic Control Device
Vehicle Code 21464 makes it a crime to deface or interfere with a traffic control device. For instance, you will be charged under Vehicle Code 21464 if:
- You hit a stop sign with a baseball bat.
- You shoot at a traffic light.
- You color over a yield sign with a can of spray paint.
In most cases, this offense is charged as a misdemeanor. Upon conviction, you may be required to pay a fine of up to $5,000 or spend jail time of up to six months.
However, you will be charged with this criminal offense as a felony if another person was injured or died due to your actions. Upon conviction, you may face a state prison sentence of up to three years.
Vehicle Code 21702 - Driving Hour Limits for Truck and Bus Drivers
Vehicle Code 21702 limits driving hours for truck and bus drivers. This law makes it a misdemeanor for truck and bus drivers to drive for too many consecutive hours or too many hours in a day.
A violation of Vehicle Code 21702 will make the police issue you a ticket. As punishment, you may be required to pay a fine of between $100 - $1,000.
Vehicle Code 23103 - Reckless Driving
According to Vehicle Code 23103, driving recklessly is a criminal offense. Here, reckless driving can be defined as operating a motor vehicle with a wanton or willful disregard for other people's or property's safety.
You can face charges for reckless driving if you engage in the following activities:
- Driving a car at high speed in a school zone.
- Street racing.
- Doing fast doughnuts in an icy parking lot.
Reckless driving is categorized as a misdemeanor. Its penalty is a county jail sentence of up to 90 days or a fine of up to $1,000.
However, if you injure another person while driving recklessly, the judge may increase your jail sentence to up to six months. If the victim sustained a serious injury, the judge might increase your imprisonment term to up to three years.
Vehicle Code 23109 - Street Racing
Vehicle Code 23109 criminalizes street racing. This law states that it is unlawful to participate in any race with one or more vehicles or against a timing device such as a stopwatch or clock on a public street or highway.
This crime is a misdemeanor, punishable by an imprisonment term of up to 90 days, possible fines, and a suspension of your driver’s license. You will receive more severe penalties if you injured another person while street racing.
Find a Los Angeles Driving Crimes Attorney Near Me
There are many driving crimes in California, so you are likely to be accused without knowing you committed an offense. If you are facing any of these charges, consider seeking legal help. We invite you to contact us today at Leah Legal: Los Angeles Criminal Lawyer if you have been charged with any driving crime in Los Angeles. We can help you build a robust defense strategy. Call us at 424-600-7164 to speak to one of our attorneys.