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Am I gonna have to do jailtime?

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M

Mr Smith

Guest
CALIFORNIA

Well, I have no license(never took the test)Gotta permit though but that doesnt matter now. Been driving for 2 years without one. For the first time I finally get pulled over :( For no seatbelts :rolleyes: He slaps me with a no seatbelt ticket/no proof of registration or insurance/misdemeaner. But was nice enough to not tow my moms car, or arrest me:rolleyes: The car actually has insurance, I just didnt have it in the car. Im 22 years old. So when I go to court next month what should I expect? Jailtime? Fine? Both? Comminuty service? Should I get a lawyer? By the way I never EVER have been in trouble with the law. This will be a first offense. Can I get off easy? WHats the worst and least that could happen to me?
 
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CdwJava

Senior Member
You are SOOO LUCKY! Most officers would have taken your car for 30 days ... that's 30 days of impound fees as well as the tow and release fees - about $1,000 in all.

You likely face a long suspension of your license privelege, a fine, probation, and a very nasty tongue-lashing from the court. Oh, and a misdemeanor conviction. Jail time would be very surprising to me.

- Carl
 
CdwJava writes:

You likely face a long suspension of your license privelege. . .

The US Supreme Court disagrees with you that a driver’s license is a “privilege,” assigning it the higher status of “entitlement,” that they describe as an amalgam of right and privilege. The difference is that, once obtained by proving competence in handling a vehicle, the state cannot revoke the license without due process.

Yes, I recognize that many (if not all) states simply ignore that status and routinely revoke drivers’ licenses without due process and for such non-driving-related issues as child support and debt collection. However, that says more about the power of the governing than the legitimacy of governance.
 

CdwJava

Senior Member
James Young said:
CdwJava writes:

You likely face a long suspension of your license privelege. . .

The US Supreme Court disagrees with you that a driver’s license is a “privilege,” assigning it the higher status of “entitlement,” that they describe as an amalgam of right and privilege. The difference is that, once obtained by proving competence in handling a vehicle, the state cannot revoke the license without due process.

Yes, I recognize that many (if not all) states simply ignore that status and routinely revoke drivers’ licenses without due process and for such non-driving-related issues as child support and debt collection. However, that says more about the power of the governing than the legitimacy of governance.
And completely off point since the issue here was regarding a person driving in violation of AT LEAST CVC 12500(a).

This fellow was popped for driving without a license among other things. Thus, they will lose any claim to the privelege or "entitlement". And, the loss of their license WILL be through due process. Proving that they were driving WITH a license when they did not have one is not going to be possible ... but, they have that right to try.

- Carl
 
I understood that and that's why I only quoted the part pertinent to my post. My post was about that word and not the posters predicament. My point was simply to point out that drivers' licenses enjoy a higher status that mere "privilege," where the state can arbitrarily revoke licenses. Many cops, prosecutors, even courts and state agencies routinely speak of licenses being a privilege but they do not have the authority to diminish an earned entitlement to the level of a revocable gift from the state.
 

CdwJava

Senior Member
James Young said:
I understood that and that's why I only quoted the part pertinent to my post. My post was about that word and not the posters predicament. My point was simply to point out that drivers' licenses enjoy a higher status that mere "privilege," where the state can arbitrarily revoke licenses. Many cops, prosecutors, even courts and state agencies routinely speak of licenses being a privilege but they do not have the authority to diminish an earned entitlement to the level of a revocable gift from the state.
Well, until the courts say that the state canot revoke licenses for things unrelated to driving offenses, then the semantic term used to describe it is irrelevant.

And they have the right to due process ... it's when they fail to avail themselves of that process or avoid service that they get hammered.

- Carl
 

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