Driving on Expired license. Please help!

[ravetildon]

What is the name of your state?What is the name of your state? California - City: sonora County: Tuolumne

I was driving up to my cabin on 6/27/05 and was pulled over for speeding at 1:30 am.

The officer later noticed my license was expired. So he impounded my car. The officer had me sign the ticket and told me to start walking.

This was in a remote area, so I had to walk 15 miles. I asked the officer if he could give me a ride. He said no, but could call a cab. then he remembered there were no cabs running. So I walked the 15 miles on the freeway. woo hoo. 7 hours later.

Finally made it to the cabin. Cab company decided to open that day, so I got a ride to DMV on same day as violation. Got my license revalidated. cabs closed down again, walked to police station to get release to get car. then walked to tow truck place to get my car.

I picked up car and found all windows down and car unlocked. I was missing my asthma medication( peopel get high with this) a real estate book, and my electric razor.

The tow truck company told me too bad...it's not are responsibility to babysit your car. He then told me if I didn't leave he woudl physically force me out of there..

I left...

Basically I want to know if there is a way to beat the expired license thing. or at least have them drop that charge and just get the speeding ticket.

[CdwJava]

He towed your car on an expired license? How long had it been expired?

Can you "beat it"? Probably not. The only defense is that you had a valid license. It is a fix-it ticket so you should be able to get it signed off and have to pay only the $10 or $20 filing fee. The speeding cite will be the hefty one anyway.

That was probably not a good deal for him to make you walk 15 miles. There was a good deal of liability he exposed himself to for doing that.

Were you acting ... well ... like a twit? Is there some reason he would feel compelled to tow your car when you are in the middle of nowhere?

- Carl

[ravetildon]

License was expired for 20 days. I was very nice and courteous to him. He also wrote that the ticket is noncorrectable and a misdemeanor.

I don't understand him either. He could have pulled me over the next day..it's a small area... At least give me a day to fix it...something...Plus I have a spotles driving record.

The rason I mainly care aout this one i sthat I am a real estate agent and will have to report this to the department of real estate if I am convicted...

[Curt581]

Originally Posted by ravetildon

License was expired for 20 days. I was very nice and courteous to him. He also wrote that the ticket is noncorrectable and a misdemeanor.

It may not be "fixable", as it's not an equipment violation like a burnt out taillight bulb. If you make your court appearance, the court will probably dismiss the ticket or plead it down to a non-reportable violation, if you pay a small fee to cover case filing.

I don't understand him either. He could have pulled me over the next day..it's a small area... At least give me a day to fix it...something...Plus I have a spotles driving record.

Depending on department policy, he may not have a choice but to have the car towed. Your license wasn't valid at the time of the stop. If he'd have cited you for speeding, and you were later in an accident, he'd have shared some liability for allowing you to drive illegally.

I do agree that it was probably unreasonable to make you walk such a distance.

The rason I mainly care aout this one i sthat I am a real estate agent and will have to report this to the department of real estate if I am convicted...

I wouldn't worry much about the expired DL citation. The speeding ticket probably won't go away so easily.

[CdwJava]

Originally Posted by Curt581

It may not be "fixable", as it's not an equipment violation like a burnt out taillight bulb. If you make your court appearance, the court will probably dismiss the ticket or plead it down to a non-reportable violation, if you pay a small fee to cover case filing.

Typically this is a correctable violation. If the officer indicated that it was NOT correctable he was either in error or he had some reason to compel the court appearance. The court could re-instate the correction and permit only the court fee (varies between $10 and $25 the last time I checked ... depending on the county ... coul be more with the recent budget crunches).

I wouldn't worry much about the expired DL citation. The speeding ticket probably won't go away so easily.

Yep. That's the big one.

- carl

[ravetildon]

We will see I guess. I dont' care so much about the speeding ticket. I just don't want that misdeameanor on my record for the drivers license thing.


Another thing is the police station refuses to give me a copy of the police report and also the court won't either. They say this city dosn't provide copies of police reports to the person that gets the ticket. They will only give it to my attorney.

[CdwJava]

Originally Posted by ravetildon

Another thing is the police station refuses to give me a copy of the police report and also the court won't either. They say this city dosn't provide copies of police reports to the person that gets the ticket. They will only give it to my attorney.

State law permits them to withhold the report.

I'm still surprised that they are charging you with a misd. for the expired license! Everywhere I've been they would treat it as a fix-it ticket and be done with that portion of it.

- Carl

[lwpat]

Another thing is the police station refuses to give me a copy of the police report and also the court won't either. They say this city dosn't provide copies of police reports to the person that gets the ticket. They will only give it to my attorney.

You can file a discovery request.

[ravetildon]

Is there a special procedure or time limit to file this? This is a backwoods type town. thye do things there own way...

[CdwJava]

Originally Posted by ravetildon

Is there a special procedure or time limit to file this? This is a backwoods type town. thye do things there own way...

It's not the town that is involved in court procedures, it is the court. The sooner you make the request, the better. The court should be able to tell you the procedure for requesting Discovery for your case.

- Carl