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Got CA VC 12500(a) Misdemeanor ticket for driving without license.?

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kineticfs

Junior Member
What is the name of your state (only U.S. law)? California.

I've recently got this CA VC 12500(a) ticket in California.
I had a valid Washington State's Driver's License at the time I was pulled but the police officer
issued me this ticket anyways.

I am a resident of Washington but lived in California more than 6 months to help my father's business. Registration and the insurance on the car that I was driving is under my father's (main) and my (sub) name.

My problem is that my status in U.S is currently undocumented status.
(As you may know, undocumented immigrants are legally able to obtain drivers license in the state of Washington.)
However, all of my family members, including my father, have green cards (So they are legally staying in U.S)

My court date is coming soon and I would like to take care of this issue before I go back to Washington.

So my question is, would my undocumented status effect any of my jury decision?
Do I have to tell them that I'm an undocumented immigrant?
Would I be able to just plead guilty and pay off the fine without telling them that I am an undocumented immigrant?

I am really worried about this...
Can someone please help me with this issue??
 


FlyingRon

Senior Member
Well it sounds like the officer had probable cause to believe that you had residency in California and failed to obtain (notwithstanding your immigration status) the license as required. Blaming the fact that you are violating other laws doesn't excuse this violation. You only hope is to show that you are a bona fide resident of Washington, which I fear you will have problems doing.

I'd recommend a lawyer.
 

Zigner

Senior Member, Non-Attorney
You are right - California doesn't allow illegal immigrants (not undocumented, illegal) to obtain driver's licenses. I suspect the court is not going to buy in to your attempt to beat the system by having a WA license.
 

racer72

Senior Member
Effective July 1st of this year, undocumented illegals will no longer be able to obtain a driver's license in Washington. I don't know about the status of those that already have them
 

FlyingRon

Senior Member
Effective July 1st of this year, undocumented illegals will no longer be able to obtain a driver's license in Washington. I don't know about the status of those that already have them
Really? I know they're making people prove that they actually reside in the state of Washington to avoid people like the OP who are shamming the system.
The only thing in progress to my knowledge is to allow the state to fine those who lie about Washington residence to obtain an ID/Driver's license.
 
So my question is, would my undocumented status effect any of my jury decision?
No, it is not relevant, even assuming they find out. There will not be a jury, just a judge.

Do I have to tell them that I'm an undocumented immigrant?
No, you don't have to, and you should not.

Would I be able to just plead guilty and pay off the fine without telling them that I am an undocumented immigrant?
Yes, that is likely your best option.
 

davew128

Senior Member
I suspect the court is not going to buy in to your attempt to beat the system by having a WA license.
Which wouldn't be very useful to have if OP had been residing in CA for 6 months anyway and required to obtain a CA license....whether it was legally possible or not due to illegal status.
 

princess34

Junior Member
No, it is not relevant, even assuming they find out. There will not be a jury, just a judge.


No, you don't have to, and you should not.


Yes, that is likely your best option.
What if the judge asks why you don't have a driver's license? what should the response be?
 

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