Over the next three years, the state expects to issue more than 1.4 million
AB-60 licenses to undocumented immigrants.
California has budgeted $141 million over three years, opened temporary
processing facilities in Lompoc, Goleta, Santa Barbara and Santa Maria,
and increased the operating hours at permanent locations. Not all undocumented
persons are eligible, and authorities report that about 70 percent of
applicants failed the Spanish version of the driving test. To compensate,
community groups and colleges are sponsoring driving courses.
A Mexican birth certificate or other official identification, such as a
drivers' license or voter ID card, suffice as proof of identity. Applicants
also need a utility bill, lease agreement, school record or some other
proof of residency.
A VC 12500 charge - driving without a license - seems like one of the easiest
violations in Lamont for the state to prove. The prosecutor simply has
to allege that you were driving without a license, and then the burden
shifts to you to show that you did, in fact, have one.
One of the more recent cases on this point is
People v. Spence. Mr. Spence's drivers' license was suspended because of a failure
to appear. At the trial, the state produced no evidence that his license
was invalid. Nevertheless, the Court held that Mr. Spence had a "special
knowledge" in the matter which relieved the state of meeting its
burden of proof. In other words, according to this "rule of convenience,"
it is easier for defendants in Kern County to prove that their license
was valid, instead of the prosecutor proving that the license was invalid.
As is often said, driving is a privilege, not a right. Contact an experienced
lawyer to help you keep your driving record clean or help you get your
privilege to drive.