California, Frenso county.
VC 12500 (a), VC 21453 (a)
I came to California as a foreign exchange student (J1 Visa) in August.
I bought a car earlier, but have not yet registered it onto my name, but have the necessary papers. Of course I got an auto insurance.
I brought my German drivers licence (no driving record of me back home, no penalty points, parking tickets only). I called the DMV and asked them if i needed a California DL, as I do not pay local tuition fee and theirfore was not shure if I established residency in CA, which, as I understand, makes me require a CA DL. The DMV could not tell me, so I spared me the trouble and did not get one.
First, I have a question for you...
Of course I got an auto insurance.
.
How did you get insurance by using a foreign drivers license. Did your insurance agent not explain to you that you are required to have a California license?
Second... As far as the resident/nonresident matter, you are correct... Kind of... You would have to pay the “California Resident tuition” fees to be qualified as a California resident who is required to have a California Driver's license as per California Vehicle Code section 12505(a).(1).(A) which states:
12505. (a) (1) For purposes of this division only and notwithstanding Section 516, residency shall be determined as a person's state of domicile. "State of domicile" means the state where a person has his or her true, fixed, and permanent home and
principal residence and to which he or she has manifested the intention of returning whenever he or she is absent.
Prima facie evidence of residency for driver's licensing purposes includes,but is not limited to,following:
(A) Address where registered to vote.
(B) Payment of resident tuition at a public institution of higher
education.
(c) .....
However, notice the “not limited to” which refers us back to other vehicle code sections that say otherwise.For example, CVC section 516 states the following:
516. "Resident" means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency.
And the fact is,, if you are attending school, then chances are you will be in california for more than 6 months.
I understand how you can get confused due to the fact that you pay “non-resident” tuition fees to the school that you're attending, and yet another entity/authority considers you to be a “resident... Two different entities, two different reason altogether.
Not to worry though, the CVC12500(a) “Driving without a license violation” and even though it is a misdemeanor -> (Link
Misdemeanor - Wikipedia, the free encyclopedia ) will be easy to get dropped (as in you will not be prosecuted for it) but just like the officer advised you, you must at least get the process started to get your California Driver's license before your court appearance comes around.
So, go to the DMV (you can call and make an appointment that way you wont have to wait in line for a long time) and at least begin the process of obtaining a California Drivers license. Within the next 60 days, you should be able to, at the least, get a learner's permit... Meaning you should be able to complete the application, submit it, take the written test, and maybe even get through the actual driving test. If you do pass, you are set and have nothing to worry about as far as the CVC12500(a) violation.
If for some reason you are unable to have your driver's license by then, then be ready to show the judge that you have done the best that you can to get licensed but have run through a delay (example: The DMV is busy and they couldn't get you an appointment to take the driving test scheduled until after your court appearance). The Judge will more than likely ask you if you need an extension to get your license. If and when he does, say yes and he will require you to return to court at a later date, hopefully by then you would have passed your test and will have your license in hand.
If and when you do get the license, and upon showing it to the court, the 12500(a) violation will be dismissed. But you will have to pay a $10 court administrative fee but that's a small price topay in comparison to what you would be paying if you are unable to get a California Driver's license.
I heard I could end up in jail???
You would have to really screw things up to end up in jail. Theoretically, and for the CVC12500(a) violation let's assume that for some odd reason, you are unable to get a California driver's license, if that is the case, the Judge does have discretion to sentence you to pay a fine OR some jail time OR both...
But that's a very small chance.
How can I defend myself to not pay too much of a fine ???
(don't have a lot of money right now)
Well, I answered that regarding the 12500(a). As for the 21453(a) you did not provide any information that might suggest guilt or innocence. All you said was that you “might have caught the yellow light”.
Do I have to defend myself?
Actually, you don't have to defend yourself, you can just plead guilty to both charges or plead guilty to one and not guilty to the other. My guess is regardless of what you decide to do with the 21453(a) violation, your entire case will be continued (postponed) until you can obtain your driver's license. When that happens, and after you show evidence of that in court, the Judge will dismiss the 12500(a) and ask you how you would like to plead to the 21453(a) violation.
If you plead guilty, then he will set the fine amount which will be approximately $360.
If you decide to plead guilty to that violation, you might want to take a traffic school course that will get theis citation to not appear on your driving record with the California DMV. If you do take that option, you will have to pay the Court an administrative fee of $24 in addition to the $360 as well as pay the enrollment fee to the Traffic school that you attend. But in the long run, that might help you keep your insurance rates down as a red light violation can affect your annual insurance premium that you pay.
What is the procedure in court? I have no idea.
Well, show up in court on time, wait for your name to be called, walk up as instructed, the Judge will read your name and case number, as well as tell you what violations you are bing charged with.
My guess is that he will ask you if you are able to get a California Driver's license. At this time, you can either show him your license (if you have it by then) or show him your learner's permit (you should have that by that time). He might ask you if you need an extension (an additional period of time for you to get your actual license) if he does, say “yes”, if he doesn't, ask him for some additional time.
At this point he will give you another date to go back to court to show him your license.
On that date, you will show your license, he will dismiss the 12500(a) violation and order you to pay the $10 to the clerk, but he will also ask you how you want to plead on the 21453 violation...
You have 3 choices...
1)you can plead guilty and just pay th fine.
2)You can plead guilty and ask him for traffic school.
3)You can plead no guilty and he will set a trial date where you will show up in court, and so will the officer who cited you and you will have your opportunity to question the officer as well as present your case/defense as to why you believe you are not guilty.
I hope this helps...
Heck IT BETTER HELP...
I'm just joking... Good Luck!
