Driving without license in california. Help?

[frogism123]

What is the name of your state (only U.S. law)? California.

so I was caught driving without a license and given a ticket for it because I didn't realize my headlights were off [ the street was brightly lit and I couldn't tell]

I've read that I can get violation 12500(A) dismissed if I obtain a license before my court date. Will the DMV bar me from taking my driving test? I am 18 years of age. I have to go back to college on the 19th, but my court date may be a day past that. Am I able to get some kind of extension? Thanks a lot!

[CMLANDLORD]

Yes, you can request for an extension.

[poncho]

I'll look up the vehicle code for California. But I'm pretty sure that the valid license defense. Only works if you could have had a valid license at the time the police stopped you. O.k I checked. Misdemeanor or Infraction version?

[CdwJava]

CVC 12500(a) is generally a correctable violation. If you can get a valid license by court time, the chances are excellent that it will be dismissed with a small court fee.

40611. (a) Upon proof of correction of an alleged violation of
Section 12500 or 12951, or any violation cited pursuant to Section
40610, or upon submission of evidence of financial responsibility
pursuant to subdivision (e) of Section 16028, the clerk shall collect
a twenty-five-dollar ($25) transaction fee for each violation. The
fees shall be deposited by the clerk in accordance with Section 68084
of the Government Code.

- Carl

[poncho]

Originally Posted by CdwJava

CVC 12500(a) is generally a correctable violation. If you can get a valid license by court time, the chances are excellent that it will be dismissed with a small court fee.

I've only lived in California short term non-domiciled and resident as a normal person. Last California serious ticket was 1992.

Even the states own websites can have inaccurate information. Can the police still like the information I've read i.e : CVC. Cite this as a misdemeanor or infraction (Officer discretion)?

I'm also making an assumption about OP.

the DMV bar me from taking my driving test

Has the OP ever had a valid California driver's license? In other words: Why does OP need to take a test with the DMV? Seems to be other factors. Like: DMV determined from your past ticket history you are not a safe driver and you need the test to prove them wrong, maybe? (another CVC could make that a factor).

Regardless. Before trying any legal "advice" from the net. You should consult a practicing licensed attorney.

[CdwJava]

CVC 12500(a) is typically handled as an infraction. It is rarely charged as a misdemeanor even though it technically IS a misdemeanor. I have seen only once in my 18 years at this job see a 12500 case go to superior court - and that was for a juvenile with a half dozen offenses. So, I think it is safe to say it will remain an infraction in traffic court.

The question I have is why he is posting this in the DUI forum? Is he unlicensed because he lost his license due to a prior DUI? If so, his license should have been suspended ... a 12500 would only have occurred if there was no proof of good service on the suspension. In that case, the charge might be handled as a misdemeanor if he does not correct it.

- Carl

[frogism123]

Sorry, I only posted here because I found this forum through a similar posted that posted here even though her problem had nothing to do with a DUI. I posted here because my question wasn't answered in her post. Sorry for the confusion and false assumptions.

To clarify, I was charged with a misdemeanor for driving without a license. I only have a permit. I am taking the driving portion of the test on Wednesday. The question I want answered is this: Will the DMV prevent me from taking the test to get my license if they know about my ticket?

[CdwJava]

Originally Posted by frogism123

To clarify, I was charged with a misdemeanor for driving without a license. I only have a permit. I am taking the driving portion of the test on Wednesday. The question I want answered is this: Will the DMV prevent me from taking the test to get my license if they know about my ticket?

Yes, you should be allowed to take your test. I cannot find any mandatory suspension associated with a CVC 12500 violation.

- Carl

[poncho]

Originally Posted by frogism123

Sorry, I only posted here because I found this forum through a similar posted that posted here even though her problem had nothing to do with a DUI. I posted here because my question wasn't answered in her post. Sorry for the confusion and false assumptions.

To clarify, I was charged with a misdemeanor for driving without a license. I only have a permit. I am taking the driving portion of the test on Wednesday. The question I want answered is this: Will the DMV prevent me from taking the test to get my license if they know about my ticket?

I would check with a lawyer. Personnel opinion and not legal advice. You need the latter. See: my first posting. Pretty sure you need to be able to re-instate a drivers license at the time the police gave you your promise to appear before a magistrate and be arraigned on a misdemeanor.

Even if it was an infraction. You'd show the court clerk your license. Pretty sure that court clerk would still have to have a "judge" decide if it could be reduced or dismissed. The judge could also decide a misdemeanor is more appropriate over an infraction. You might have a chance in having the misdemeanor reduced to a infraction. Again my opinion, you would have less of a chance doing so on your own without a lawyer. The judge does not have to follow any recommendations put in front of them. A lawyer is better suited to change their mind if need be.

[CdwJava]

Originally Posted by poncho

I would check with a lawyer. Personnel opinion and not legal advice.

Of course it isn't.

You need the latter. See: my first posting. Pretty sure you need to be able to re-instate a drivers license at the time the police gave you your promise to appear before a magistrate and be arraigned on a misdemeanor.

I am not sure what you are referring to here.

If the matter is to be filed as a misdemeanor, the DA would have to take the matter to superior court. Typically, they are not filed in superior court but transferred, instead, to traffic court as an infraction. In any event, you appear at the time and location indicated on the citation unless notified IN WRITING of a change.

And pursuant to the CA Vehicle Code, 12500(a) is generally a correctable violation. In other words, bring a valid license to court and the offense is dropped and the offender need only pay the minimal $25 fee (plus any associated legal assessments).

- Carl

[poncho]

Originally Posted by CdwJava

Of course it isn't.


I am not sure what you are referring to here.

If the matter is to be filed as a misdemeanor, the DA would have to take the matter to superior court. Typically, they are not filed in superior court but transferred, instead, to traffic court as an infraction. In any event, you appear at the time and location indicated on the citation unless notified IN WRITING of a change.

And pursuant to the CA Vehicle Code, 12500(a) is generally a correctable violation. In other words, bring a valid license to court and the offense is dropped and the offender need only pay the minimal $25 fee (plus any associated legal assessments).

- Carl

Never dealt with a misdemeanor charge in California. It's only a little different from what I' am familiar. Police issue criminal citation and you appear as directed at District Court for arraignment.

12500. (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.

(b) A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver's license or endorsement issued under this code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver's license of any class, as specified in subdivision (h) of Section 12804.9.

Again not legal advice, Id be a little worried that this maybe only correctable if then licensed. As in when caught by Police you could hold a valid driver's license under CA VC. I'm pretty sure that this could be reduced by passing your driver's test and being a valid license holder. A misdemeanor is more serious, and carries a possibility of up to one year in jail and a fine of $1500. An infraction version is punishable by fine only, and does not produce a point on your DMV drivers record or a record of a criminal conviction. Id rather have an infraction over having a record of a criminal conviction.

Myself Id want to make every effort to get it reduced by the court to an infraction. The court does have the power to reduce the violation.

[CdwJava]

Originally Posted by poncho

Id be a little worried that this maybe only correctable if then licensed.

That's not how correctable violations work in CA. You make the correction, show proof of the correction, and then submit to the court.

A misdemeanor is more serious, and carries a possibility of up to one year in jail and a fine of $1500.

To clarify, it is 6 months and up to $1,000.

42002. Unless a different penalty is expressly provided by this
code, every person convicted of a misdemeanor for a violation of any
of the provisions of this code shall be punished by a fine of not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for not exceeding six months, or by both such fine and
imprisonment.

An infraction version is punishable by fine only, and does not produce a point on your DMV drivers record or a record of a criminal conviction. Id rather have an infraction over having a record of a criminal conviction.

True enough. Though I can recall only one misdemeanor court trial for 12500(a) as previously mentioned. They just don't get filed that way.

Under Vehicle Code section 40522, an officer arresting for violations specified in Vehicle Code section 40303.5 is required to specify the offense charged and note in a form approved by the Judicial Council that the charge shall be dismissed upon proof of correction. This says that an officer essentially must make the violation correctable unless one of these three conditions exist:

1. Evidence of fraud or persistent neglect;
2. The violation represents an immediate safety hazard;
3. The violator does not agree to or cannot promptly correct the violation.

While they are technically misdemeanors, they are almost never filed as such. But, as I said, it is always best to consult an attorney before making any decision. That, and getting that valid license.

- Carl

[InsaneJane]

I recomend getting your license ASAP, and not at the last minute.
Good luck.

[frogism123]

hey thanks for all the help!

I got my license today...or well the temporary one until the valid one comes in the mail. My court date post card hasn't come yet. Should I ask for an extension? I leave the 19th for college but the date on my ticket says that I should appear on the 20th at 8:30. Is there another way where I can get the charges reduced by showing someone proof of correction?

[CdwJava]

Originally Posted by frogism123

hey thanks for all the help!

I got my license today...or well the temporary one until the valid one comes in the mail. My court date post card hasn't come yet. Should I ask for an extension? I leave the 19th for college but the date on my ticket says that I should appear on the 20th at 8:30. Is there another way where I can get the charges reduced by showing someone proof of correction?

Yes, you should be able to get the violation corrected and present that to the court before the court date. Call the clerk's office and ask where you can go to get the citation signed off. I suspect that you can get it signed off by any law enforcement agency, but if they can have a deputy or marshal do it at the courthouse, then you can go down there, get it signed off, and then pay your admin fee and you should be done with it.

- Carl