It would appear that your son must have a California provisional license and be during his first 12 months when there are extra restrictions on his license. In CA with a provisional driver license, your son must be accompanied and supervised by a licensed parent, guardian or other licensed driver 25 years of age or older, or by a licensed or certified driving instructor when your son:

1. Transport passengers under 20 years of age at any time, for the first twelve months.
2. Drive between 11 pm and 5 am for the first twelve months.

This means your son cannot give anyone under 20 years old (your friends, your brother(s), sister(s), cousin(s), etc.) a ride unless he has a licensed parent, a guardian or other adult 25 years old or older in the car with him. Your son is also not allowed to drive between 11 pm and 5 am during his first year after getting his license unless he has a licensed parent, a guardian or other adult 25 years old or older in the car with him.

The California DMV and CA driver's manual states that with a provisional license, your son can drive by himself between the hours of 5 am and 11 pm. If he is under 18, he cannot be employed to drive a motor vehicle.

It is our understanding that a teen driver must be stopped for another violation, such as speeding or failing to wear a safety belt, before a ticket is written for violating the conditions above. Violation of passenger or nighttime driving restrictions results in either court-ordered community service or a fine

Section 12814.6 of the CA Motor Vehicle code gives more information on these penalties. Here it states the court that violating the restrictions of a Ca provisional license means that the court shall impose one of the following:

• Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense; or
• A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense.

The CA VC also notes that points will not be assigned for breaking the restrictions of your provisional license. Since your was cited for this violation of California law you or he should call the court listed on the citation to find out more about the penalties he will receive due to breaking the restrictions of his provisional license.

Keep in mind that if he was stopped for another offense, speeding, etc, that he can be assigned points for that moving violation if he is convicted. California law (also part of VC section 12814.6) notes that:

A 30-day restriction shall be imposed when a driver's record shows a violation point count of two or more points in 12 months, as determined in accordance with Section 12810. The restriction shall require the licensee to be accompanied by a licensed parent, spouse, guardian, or other licensed driver 25 years of age or older, except when operating a class M vehicle, or so licensed, with no passengers aboard.

A six-month suspension of the driving privilege and a one-year term of probation shall be imposed whenever a licensee's record shows a violation point count of three or more points in 12 months.

If he was ticketed for not having his license in possession, he may be able to get this one dismissed. CA vehicle code 12500 makes it illegal, and a misdemeanor, to drive without a valid license on any highway in California. A person cited for driving without a valid license in CA may be punished by probation, time in county jail, and fines of up to $1000 plus surcharges.

The good news is that a separate CA vehicle code 12951, discusses having your license in your possession. This VC states that 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 and b) The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code.

However, any charge under this code 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.

From this information it appears that your son should be able to get his driving without a license ticket dismissed once he can show proof that he did have a valid provisional driver's license, just not in his possession, at the time of his ticket. He can call the court listed on his ticket to see how and where he must show proof and also if he will have any administrative fees to get this ticket dismissed once he shows his license to the court.

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