expired driver's license

[vcoliveros]

California - Expired Driver's license (2 months expired)

Can anyone tell me what the fine is and if this violation requires a court appearance? Thanks.

[CdwJava]

Originally Posted by vcoliveros

California - Expired Driver's license (2 months expired)

Can anyone tell me what the fine is and if this violation requires a court appearance? Thanks.

It's generally a "fix-it" ticket and could cost you as little as $20 if you get a valid license and then get it signed off at court or by a peace officer prior to the court date.

Call the local court if you want to know the fine for NOT getting it done.

- Carl

[Buck4Free]

I was just cited for this twice in less than one week. On the second violation the officer towed my car on the spot! This was despite me explaining I had already been cited AND had an appointment with the DMV in two days. Registration, insurance, everything else clean. I had no idea that I was such the criminal.

Anyway, as mentioned in the previous post, ALL Licensing and Registration offenses are SUPPOSED to be 'correctables'. It should be checked as such (or not, as in my casees) on your ticket. Unfortunately, some vagueness in the law leaves some discretion for the officer to abuse. See: CVC 40610(b)(1) below. If you are unfortunate enough that he hasn't cited you a 'correctable', you might get a 'courtesy notice' in the mail asking for $267.00!!! I did, and haven't even recieved the second one yet!

Proof of Correction: Dismissal of Charge
40522. Whenever a person is arrested for violations specified in Section 40303.5 and none of the disqualifying conditions set forth in subdivision (b) of Section 40610 exist, and the officer issues a notice to appear, the notice shall specify the offense charged and note in a form approved by the Judicial Council that the charge shall be dismissed on proof of correction. If the arrested person presents, by mail or in person, proof of correction, as prescribed in Section 40616, on or before the date on which the person promised to appear, the court shall dismiss the violation or violations charged pursuant to Section 40303.5.

Notice to Correct Violation for Specified Infractions
40303.5. Whenever any person is arrested for any of the following offenses, the arresting officer shall permit the arrested person to execute a notice containing a promise to correct the violation in accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist:
(a) Any registration infraction set forth in Division 3 (commencing with Section 4000).
(b) Any driver's license infraction set forth in Division 6 (commencing with Section 12500), and subdivision (a) of Section 12951, relating to possession of driver's license.
(c) Section 21201, relating to bicycle equipment.

Notice to Correct Violation
40610. (a) (1) Except as provided in paragraph (2), if, after an arrest, accident investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2) If any person is arrested for a violation of Section 4454 (Proof of Registration), and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator's promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1) Evidence of fraud or persistent neglect. (Is 2mos. 'persistent'? You'll have to plead it to the judge)
(2) The violation presents an immediate safety hazard.
(3) The violator does not agree to, or cannot, promptly correct the violation. (Make sure you fix it fast)
(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.

Good Luck

[CdwJava]

Originally Posted by Buck4Free

I was just cited for this twice in less than one week. On the second violation the officer towed my car on the spot! This was despite me explaining I had already been cited AND had an appointment with the DMV in two days. Registration, insurance, everything else clean. I had no idea that I was such the criminal.

Maybe not John Dillinger, but many agencies have a zero tolerance policy for unlicensed drivers. And, sorry to say, EVERYONE tells us they have an appointment and it will be taken care of tomorrow (or the day after tomorrow). And when you said you had already been cited, you had been put on notice that you were NOT able to legally drive yet you did so anyway.

Anyway, as mentioned in the previous post, ALL Licensing and Registration offenses are SUPPOSED to be 'correctables'.

Not true ... they are not ALL correctable. There are exceptions.

It should be checked as such (or not, as in my casees) on your ticket. Unfortunately, some vagueness in the law leaves some discretion for the officer to abuse.

The exercise of discretion is not, by definition, "abuse".

- Carl

[garrula lingua]

VC 12500(a) can be a misdemeanor or an infraction.

The cop was right to tow your car - you demonstrated you were just going to continue violating the law (continue driving w/o a license).

...Did you have insurance ?

[racer72]

Originally Posted by garrula lingua

VC 12500(a) can be a misdemeanor or an infraction.

The cop was right to tow your car - you demonstrated you were just going to continue violating the law (continue driving w/o a license).

...Did you have insurance ?

Originally Posted by Buck4Free

Registration, insurance, everything else clean.

I know it was a long post but it was in the first paragraph.

[Mike W]

Thankfully I found this thread. In Los Angeles, I was issued a citation for an expired license w a check in the correctable column. Today I stopped at the Torrance PD to have it signed off and was told that it was a misdemeanor and couldn't be signed off. Suddenly I was soaked in perspiration. 52 years old, never charged w any kind of crime and now I was going to have a criminal record. Registration and insurance were valid and I wasn't cited for any traffic violations (for at least 15 years). I'll be at the courthouse Monday morning to try to sort it out but know I wouldn't have slept well this weekend if I hadn't found this thread. I'm now pretty confident that the officer that looked at my ticket made a mistake.
Thanks to all

[CdwJava]

Originally Posted by Mike W

Thankfully I found this thread. In Los Angeles, I was issued a citation for an expired license w a check in the correctable column. Today I stopped at the Torrance PD to have it signed off and was told that it was a misdemeanor and couldn't be signed off. Suddenly I was soaked in perspiration. 52 years old, never charged w any kind of crime and now I was going to have a criminal record. Registration and insurance were valid and I wasn't cited for any traffic violations (for at least 15 years). I'll be at the courthouse Monday morning to try to sort it out but know I wouldn't have slept well this weekend if I hadn't found this thread. I'm now pretty confident that the officer that looked at my ticket made a mistake.
Thanks to all

I suspect you are right. CVC 12500(a) is generally a correctable violation. None of the exceptions to CVC 40610 appear to exist so the violation should be correctable. Bring proof of a valid license with you to the court and ask that it be signed off. You should then be subject only to a small filing fee ($25, I believe).

- Carl