CVC 12951(a)Eligible for written declarationCorrectable

Driver's License Not in Possession

Driving a motor vehicle on a highway without your valid driver's license in your immediate possession.

Reviewed by the TicketClear teamLast reviewed October 10, 2026

Fine: $234, or $25 if correctedDMV Points: None✓ Correctable

This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.

What is a Driver's License Not in Possession ticket?

CVC 12951(a) says the licensee shall have the valid driver's license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway. Any charge under this subdivision shall be dismissed when the person charged produces in court a driver's license duly issued to that person and valid at the time of the arrest, except that on a third or subsequent charge the court may dismiss the charge in its discretion. When a temporary, interim, or duplicate license is produced in court, the charge shall not be dismissed unless the court has proof from the DMV that it was issued before the arrest, that the driving privilege and license had not been suspended or revoked, and that the person was eligible for it.

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What the Law Says

(a) The licensee shall have the valid driver’s license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway. Any charge under this subdivision shall be dismissed when the person charged produces in court a driver’s license duly issued to that person and valid at the time of his or her arrest, except that upon a third or subsequent charge the court in its discretion may dismiss the charge. When a temporary, interim, or duplicate driver’s license is produced in court, the charge shall not be dismissed unless the court has been furnished proof by the Department of Motor Vehicles that the temporary, interim, or duplicate license was issued prior to the arrest, that the driving privilege and license had not been suspended or revoked, and that the person was eligible for the temporary, interim, or duplicate license.

What the Officer Must Prove

1You were driving a motor vehicle upon a highway
2You did not have your valid driver's license in your immediate possession

Arguments Commonly Raised for Driver's License Not in Possession

General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.

Producing your license in court

CVC 12951(a) says a charge under this subdivision shall be dismissed when the person charged produces in court a driver's license duly issued to that person and valid at the time of the arrest, except that on a third or subsequent charge dismissal is in the court's discretion.

Temporary, interim, or duplicate license

If you produce a temporary, interim, or duplicate license, the section requires proof from the DMV that it was issued before the arrest, that the driving privilege had not been suspended or revoked, and that you were eligible for it.

⚠️ Common Mistakes

✗Not keeping the license that was valid on the citation date
✗For a temporary, interim, or duplicate license, not getting the DMV proof the section describes

What this code section covers (general information)

CVC 12951(a) — Driver's License Not in Possession. Driving a motor vehicle on a highway without your valid driver's license in your immediate possession.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 12951(a). It is not advice about your citation, and TicketClear does not evaluate anyone's facts. Whether any of it applies depends on your own facts. For advice about your situation, consult a licensed California attorney.

Frequently Asked Questions About Driver's License Not in Possession

Can a CVC 12951(a) charge be dismissed if I had a valid license?▼

CVC 12951(a) says the charge shall be dismissed when the person charged produces in court a driver's license duly issued to that person and valid at the time of the arrest, except that on a third or subsequent charge the court may dismiss it in its discretion.

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How to Clear This Fix-It Ticket

CVC 12951(a) fix-it ticket: what to repair, who signs off and how to file the proof →