I had used my husbands car and i don't have a license and i got a ticket for driving without a license. Can anything happen to him by law?
Personal Injury Lawyer
If this only concerns the ticket, suggest you post this query to a traffic attorney.
Yes. California Vehicle Code section 14604 provides:
"(a) No owner of a motor vehicle may knowingly allow another person to drive the vehicle upon a highway unless the owner determines that the person possesses a valid driver's license that authorizes the person to operate the vehicle. For the purposes of this section, an owner is required only to make a reasonable effort or inquiry to determine whether the prospective driver possesses a valid driver's license before allowing him or her to operate the owner's vehicle. An owner is not required to inquire of the department whether the prospective driver possesses a valid driver's license."
Possible consequences include a misdemeanor record, 6 months jail, fines and restitution.
Also, effective January 1, 1995, new laws were enacted relating to unlicensed drivers. These laws, California Vehicle Code sections 14602.6 and 14607.6, authorize law enforcement agencies to tow and impound vehicles for 30 days when driven by unlicensed, suspended, or revoked drivers.
California state law requires everyone who operates a motor vehicle to maintain a valid license.
The law also imposes certain responsibilities upon the owner of a motor vehicle when loaning their vehicle to another driver. Now, if you borrowed your husband's car without telling him then this may very well be an exception to the law.
Pay the ticket and get a license ASAP. In parting, since you fortunately were not involved in a collision, chances are there won't be any action taken against your husband.
Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.
Car / Auto Accident Lawyer
If your husband allowed you to drive the car KNOWING that you were unlicensed, then he would be violating the California Vehicle Code.
If you took the car without his knowledge, then he may avoid any punishment under the law. The facts will determine what the extent of culpability he will have.
Hopefully you did not get into an accident as then there would be civil penalties imputed to him if he allowed you to drive without a license. This is called "negligent entrustment" and your liabiity is then imputed to him. He or his insurance, would have to pay for damages.
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