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Old 08-24-2004, 05:43 AM
talesnine
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Proof of Insurance + wrong details on ticket?? can I skip?


i was visiting in Calaifornia and got pulled up by a cop at the airport - claimed I had pulled into some lane which I shouldn't...

I was driving a car my friends been looking after - I don't know jack about the US system and didn't even know what a proof of insurance was. I was able to find the registration, and told him I had personal insurance but he needed to see the 'vehicle' insurance.

I am sposed to turn up to court next month but i'm out of then country and probably couldn't get back in so soon without a work visa anyways. I don't think I have any chance of being able to get a copy of the Vehicle Insurance as my friend is totally useless and the owner of that car is in jail.

MY QUESTION is: The ticket I receved...has my first, middle and last name wrong. The cop couldn't even write clear enough for someone to print. The only address they have is a temp one of a friend I was staying at. However they DO have my drivers license number from my country, cept I don't even think they are sure where I am from.

If ignore this will it go away!!?! what are my chances??? I don't want to pay the $700 fine either. Please help anyone!!! thank you!!
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Old 08-24-2004, 11:26 AM
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If you ignore it, an arrest warrant will be issued for you. And if that happens, getting a Visa for another visit might be a tad difficult.

Contact the court and see if you can speak to someone there about the situation - out of the country, friend's car, etc. You might also see if your nation has an embassy staff person that could help sort this out.

Carl
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Old 08-26-2004, 02:32 AM
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Foreign Driver


First a strike against you:

Point #1--According to California driving law you should have taken the California Drivers License Test if "you have never been licensed in any state or YOU HOLD A FOREIGN COUNTRY LICENSE." That way you would have known the rules of the road. This trumps point #2 below in that you should have taken the test not necessarily surrendered your license, however.

POINTS IN YOUR FAVOR:

Point #2--However, i gather that at the time of the incident, you had been in the states less than a year which voids both the California SURRENDER law and the CRT that says as a legal alien ya gotta give up your foreign DL for a CA DL after you've been in said state for a year. ("After one year, aliens<foreigners> must comply with the residence laws of the U.S. state or territory where they reside for continued authorization to drive"). In other words, after a year, they must surrender their foreign driver’s license and obtain a driver’s license from the state where they live.

Point #3--Another thing in your favor: the US Constitution prohibits STATES from entering into agreements with FOREIGN COUNTRIES. In other words, California can't get your country to pull or flag your license. There is no DL compact between STATES and FOREIGN COUNTRIES. However, your license CAN be flagged in the state of California according to its laws.
The question is will it? Maybe. Maybe not my friend. Things done got tricky now that you're back home in your country as per this point.

The short of it. Now that you've returned to your country, there is nothing to be worried about, uh, per se, at least while you're there. However, if you're really worried about this ticket following you into perpetuity, (and you're going to be driving in California off and on), the thing to do would be to do what i've known a number of foreigners to do: SEND A LETTER addressing the traffic incident via your local embassy. (as cdwJava recommended).

I'd bet you'd get off. Normally, it's a no-brainer because the state really doesnt want to get all entangled in some foreign affair bureaucracy. To them it's understandable if you goofed on some of our traffic INFRACTIONS/MISDEMEANORS laws. Come on. You're a foreigner and we're saying we recognize it's possible you're confused in this big ol country of ours. No hard feelings. Many courts simply dont want to deal with the Foreign Drivers License issue on traffic infractions/misdemeanors (it's not worth it). The worst case: you may have to pay court costs. Most likely not.

The flipside to this is: the person whom the car is registered to may take the fall if he gets stopped while driving it. The plates and the registration have been flagged. If a bench warrant has been issued but your name can't be made out, they may just harrass him as a convenient victim (don't laff, i've seen it happen). Then, he'll have to sort it out. You wouldn't want that to happen now would you?

Okay, so if you really want to dive into this, get thee to the embassy if you want to clear it up and most likely it WILL NOT COST you $700. If not. Do this: Just wait until you come back to California and call the State of Caliornia Department of Revenue and see if your license is flagged for any reason under your foreign DL number. Call the courts and do the same thing. If it is, post back on this board. And we'll take it from there.

"They say Lady Justice is blind but i do believe the old girl is peeking."
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