Misdemeanor 12500 Questions

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

"Cited for driving withought a valid CA liscence"

I was recently rear ended on the highway and the vehicle that hit me sustained significant damage. I called the police to help due to high ammounts of traffic in a dangerous area. I'm driving my wifes company car (which I am insured on). We just moved to CA from out of state 3 weeks ago. I decide to file a report (required to by the company car insurance) and the officer notes I have an out of state liscence and only had 10 days to apply for a CA one. He told me this is a misdemeanor(12500) and took all my information, however I did not see him file a report for the traffic violation and I never signed anything. He told me to get to the DMV asap to apply for liscence. Questions:

1. When I apply to the DMV for a CA liscence will it ask me if I've had any misdemeanors and if so am I legally obligated to say yes, although I've not been convicted...yet? This is my first offense. If I apply for my CA liscence before any court date is this something that is usually dismissed?

2. Is this worth consulting an attorney? Will this go to a court hearing? Was the officer supposed to have me sign something on the spot?

3. What are the average fees to retain legal consultation for a criminal defense attorney to help with something like this?

4. If I'm able to plea this down to a simple Infraction does it stay on my record?

Thanks for any help.

Were you cited or just warned?

Allen1 said:

1. When I apply to the DMV for a CA liscence will it ask me if I've had any misdemeanors and if so am I legally obligated to say yes, although I've not been convicted...yet? This is my first offense. If I apply for my CA liscence before any court date is this something that is usually dismissed?

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Since you have not been convicted yet, you would answer, "No."

If you have not received any citation then you have no court date to be concerned with ... and even if cited, the answer to the question about any convictions would still be, "No." (Assuming, of course, you have no previous convictions.)

2. Is this worth consulting an attorney? Will this go to a court hearing? Was the officer supposed to have me sign something on the spot?

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If he did not issue a citation at the scene for this, chances are he will not be doing so. Since you likely had a valid out of state license, he was probably just giving you a heads' up that this could bode ill for you later on if you do not take care of this now.

3. What are the average fees to retain legal consultation for a criminal defense attorney to help with something like this?

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Until you are issued a court date (and I doubt that will happen if no cite was issued) then I wouldn't worry too much.

4. If I'm able to plea this down to a simple Infraction does it stay on my record?

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Your DMV record, yes. For, as I recall, 7 years though it would count against your status for 36 months.

CdwJava, thanks for the detailed info I appreciate it.

ecmst12, there was no citation issued. He was very "matter of fact" in making sure I understood this is a misdameanor. He never specifically said "I'm issuing you a citation". He asked how long I had "lived" in CA (3 weeks in temporary housing waiting for home to be built) and asked if I'm "gainfully employed". My company is based in Ohio, but I've been working out of SMF airport for 3 weeks. He never had any official paperwork for me to sign signifying I'm getting a misdameanor. He simply took down all of my info and stongly suggested I get to the DMV when they open Monday and take care of the Liscense tranfer to CA. After all this I assumed I would be getting something in the mail saying I've been issued a citation and heres a court date etc. I would guess if nothing was signed at the site of the accident then this will end here? He made no mention of this either way, just an ambiguous warning of how I was operating outside of the law. Does one have to sign something on the spot at an accident in order for them to cite you? Or can they randomly at their own discression decide to send paperwork through the mail and issue it that way??

It is POSSIBLE though not very probable that a citation could be forthcoming after the report is reviewed. If not mailed to you inside of the month, I'd say it is not coming. A cite for CVC 12500(a) can be issued at the scene of the collision unlike a citation for the results of the investigation which generally require the investigation be completed and the cite issued by a specially trained officer.