How to Reduce from Misdemeanor to an Infraction (expired drivers licence)

[ricardoplugins]

What is the name of your state (only U.S. law)? California
What is the name of your state (only U.S. law)? California
Hello everybody, Do you guys know any argument or resource in order to reduce a "Misdemeanor" to the status of "Infraction"
I have a ticket for driving with EXPIRED drivers licence ( code 12500(a)vc ) (I got it on a "licence checkpoint", very common in Los Angeles, Ca)
I'm considering to go to the court and tray to speak with the courts fiscal (Before to try directly to the judge), but besides my previous "clean record" I have no other argument to convince the court fiscal to consider reducing this misdemeanor to just an infraction
And this time I just can not renew my drivers licence because I would have to go out of USA and enter again (long story but nothing that affects me), so renewing mi drivers license these days simply is not an option for me,
does anybody has any advice can help to convince either the fiscal or the judge to reduce this misdemeanor to just an infraction, any clue ?

 

[sandyclaus]

What is the name of your state (only U.S. law)? California
What is the name of your state (only U.S. law)? California
Hello everybody, Do you guys know any argument or resource in order to reduce a "Misdemeanor" to the status of "Infraction"
I have a ticket for driving with EXPIRED drivers licence ( code 12500(a)vc ) (I got it on a "licence checkpoint", very common in Los Angeles, Ca)
I'm considering to go to the court and tray to speak with the courts fiscal (Before to try directly to the judge), but besides my previous "clean record" I have no other argument to convince the court fiscal to consider reducing this misdemeanor to just an infraction
And this time I just can not renew my drivers licence because I would have to go out of USA and enter again (long story but nothing that affects me), so renewing mi drivers license these days simply is not an option for me,
does anybody has any advice can help to convince either the fiscal or the judge to reduce this misdemeanor to just an infraction, any clue ?

From what I can find, the best way to get this offense reduced from a misdemeanor to an infraction is to start by getting a valid driver's license. If you can't do that, then it would pretty unlikely to get the reduction you are looking for.

So, out of curiosity, what EXACTLY is the issue that is keeping you from renewing your driver's license? You say something about having to go out of USA and re-enter, but that makes no sense to me. If you are a legal resident, you should be able to renew your license. If you aren't, or you misrepresented the facts to obtain one in the first place, then shame on you - and you shouldn't be driving in our country without having a valid and properly issued driver's license in the first place.

 

[CdwJava]

This is typically a correctable violation, so as mentioned, if you can get a valid license by the court date you should be able to get the matter dropped with only an administrative fee.

Also, while technically a misdemeanor, most of these offenses are ultimately filed as an infraction. Chances are, unless you have priors, this will end up as an infraction.

Did they impound your vehicle? If not, how did your vehicle leave the checkpoint?

 

[ricardoplugins]

Thanks for your valuable answer and time
Unfortunately at this point for me I can not renew my drivers licence, is just no an option now (otherwise I would do it right away)
and unfortunately also the officer wrote the charge on the ticket as "misdemeanor" code: 12500(a)vc
I'm really worried that if I can not reduce it to as "infraction" a misdemeanor will really affect me in some different matters and it will stay in my personal record or police record, and complicate things for me in present and future immigration and other legal procedures
The only previous ticket I have had in the past was a speeding ticket in 2006 but I paid it on time and I did the traffic school and paperwork correctly

But may I know what do you mean by "this will end up as an infraction" ??, I guess if I can't be able to reduce the misdemeanor to an infraction it will stay as misdemeanor on the police and official records, so that is why I was considering to try to talk with the court fiscal (not sure if they receive regular persons like me) and see if there is any argument or resource they can consider in order to reduce the misdem. to just an infrac., unfortunately in my case I can not renew my D.L. for now, unfortunately I can not afford a lawyer because of the prices, so the only thing I could do is trying to talk to the court fiscal by myself and try to convince him/her, any advice or clue from you guys will be very valuable for me

By the way, I talked to a local lawyer and he said that if I try to talk to the court fiscal by myself I could be in danger to be detained even if there is no real critical charge, is this realistic ??
He also told me that if I try to talk to the court fiscal by myself and if he involves in the case or if he claims for a formal court hearing, the court will increase considerably the final amount to be paid, just at this point the final total amout is $ 420 total, he said they can double this amount if the fiscal or judge are involved and if they claim for a hearing, are these 2 things truth ??
and the car was not impounded because I friend with licence came to me in 4 minutes and I insisted in this right, but the police tried to deny this right, finally they did, but not in a good mood

I hope someone can give me more ideas or helpful arguments to try to convince the court fiscal or judge, actually I would not like to see the judges because I have been told that here in L.A. the court hearings are very crowded and judges don't allow people to talk and defend themselves because of thight schedules

Thanks for your valuable help and time

 

[sandyclaus]

Thanks for your valuable answer and time
Unfortunately at this point for me I can not renew my drivers licence, is just no an option now (otherwise I would do it right away)
and unfortunately also the officer wrote the charge on the ticket as "misdemeanor" code: 12500(a)vc
I'm really worried that if I can not reduce it to as "infraction" a misdemeanor will really affect me in some different matters and it will stay in my personal record or police record, and complicate things for me in present and future immigration and other legal procedures
The only previous ticket I have had in the past was a speeding ticket in 2006 but I paid it on time and I did the traffic school and paperwork correctly

But may I know what do you mean by "this will end up as an infraction" ??, I guess if I can't be able to reduce the misdemeanor to an infraction it will stay as misdemeanor on the police and official records, so that is why I was considering to try to talk with the court fiscal (not sure if they receive regular persons like me) and see if there is any argument or resource they can consider in order to reduce the misdem. to just an infrac., unfortunately in my case I can not renew my D.L. for now, unfortunately I can not afford a lawyer because of the prices, so the only thing I could do is trying to talk to the court fiscal by myself and try to convince him/her, any advice or clue from you guys will be very valuable for me

By the way, I talked to a local lawyer and he said that if I try to talk to the court fiscal by myself I could be in danger to be detained even if there is no real critical charge, is this realistic ??
He also told me that if I try to talk to the court fiscal by myself and if he involves in the case or if he claims for a formal court hearing, the court will increase considerably the final amount to be paid, just at this point the final total amout is $ 420 total, he said they can double this amount if the fiscal or judge are involved and if they claim for a hearing, are these 2 things truth ??
and the car was not impounded because I friend with licence came to me in 4 minutes and I insisted in this right, but the police tried to deny this right, finally they did, but not in a good mood

I hope someone can give me more ideas or helpful arguments to try to convince the court fiscal or judge, actually I would not like to see the judges because I have been told that here in L.A. the court hearings are very crowded and judges don't allow people to talk and defend themselves because of thight schedules

Thanks for your valuable help and time

You're not getting the point.

The FIRST step in order to even have the court consider reducing the charge from a misdemeanor to an infraction is for you to renew your driver's license. The court will want to see you make the effort to be a legally licensed driver, and in exchange for doing that, they may consider doing you the favor of reducing that charge and any potential penalties. The court fiscal department isn't going to have the discretion to reduce your charge because, again, they will want to see that you have become a legally licensed driver before anything can be done.

If you don't do what is necessary to renew your license before going to court, they have no reason to reduce anything. And yes, if you have a misdemeanor on your record, it may very well affect your future, including immigration. We like to see that we are allowing people to immigrate legally to this country who have demonstrated respect for our laws and their ability to follow them.

Your best bet here in order to have a chance at reducing the charge from the misdemeanor it is down to an infraction is to renew your driver's license. I asked you this before, but you seem to have overlooked or ignored the question - WHY is it that you cannot just go down to the DMV and renew your driver's license like everyone else? Why would it require you to leave the country and re-enter in order to do this? You said before something about it being a "long story" and that it's "nothing that affects you", but clearly that is not true. Whatever that reason is, is what is keeping you from getting your license renewed - and keeping that ticket a misdemeanor.

 

[CdwJava]

Thanks for your valuable answer and time
Unfortunately at this point for me I can not renew my drivers licence, is just no an option now (otherwise I would do it right away)

Why is that? Unless it is suspended, the expense to renew is negligible and the time is little more than an office vicit ... unless it has been expired for a very long time.

and unfortunately also the officer wrote the charge on the ticket as "misdemeanor" code: 12500(a)vc

What he WROTE and what it gets FILED as with the court can be different issues.

If this ends up in Traffic Court, then it will likely be an infraction. You should know by the time of your arraignment. The odds are they will not file as a misdemeanor because no court or DA has the time to waste on a potential jury trial for an unlicensed driving citation. If it is filed as a misdemeanor with the potential for jail time, an attorney can be provided at state expense.

By the way, I talked to a local lawyer and he said that if I try to talk to the court fiscal by myself I could be in danger to be detained even if there is no real critical charge, is this realistic ??
He also told me that if I try to talk to the court fiscal by myself and if he involves in the case or if he claims for a formal court hearing, the court will increase considerably the final amount to be paid, just at this point the final total amout is $ 420 total, he said they can double this amount if the fiscal or judge are involved and if they claim for a hearing, are these 2 things truth ??

I am not sure what you mean by the phrase, "court fiscal" so I do not know how to answer the question.

You cannot address the court until at least the arraignment, and even then it will likely be limited to a plea or any motions. You can ask the clerks for information, but they cannot be TOO helpful as they have to avoid providing anything that might be construed as legal advice. They can direct you to forms, to self-help documents and web sites, but cannot say what you need to do in most instances.

 

[CourtClerk]

Why is that? Unless it is suspended, the expense to renew is negligible and the time is little more than an office vicit ... unless it has been expired for a very long time.

Other than suspension either here or in another state, the only thing that immediately comes to mind is that the poster is in the country illegally.

 

[sandyclaus]

Other than suspension either here or in another state, the only thing that immediately comes to mind is that the poster is in the country illegally.

That sounds about right. That would certainly explain the part about having to leave the US and re-enter to be able to renew their driver's license, although it still doesn't make sense to me how that would magically make them eligible when they are unable to renew their license otherwise.

And in case anyone else is thinking about it, illegal immigrants are forbidden to drive in California, as it requires a United States social security number or other federal tax payer identification number before the California DMV will issue you a driver’s license. If this is indeed the reason why OP is unable to renew the driver's license he has, it certainly would have bearing on whether or not the courts would reduce the charge as well - especially given the fact that OP would not be eligible for a driver's license in the first place without being a legal immigrant with an valid SSN or taxpayer ID.

 

[HighwayMan]

...the car was not impounded because I friend with licence came to me in 4 minutes and I insisted in this right, but the police tried to deny this right...

Why do you think this is a "right"?

 

[CdwJava]

Why do you think this is a "right"?

It's not a right, but the police have to cite both a statutory authority to impound the vehicle as well as a community caretaking function. It might not be a "right" but far too many law enforcement agencies out here tow cars with the first, but not the second articulated reason.

 

[ricardoplugins]

Thanks again to all for your answers and help

SandyClaus (by the way Tim Burton is a Genious):
When you say: "eligible for a driver's license in the first place without being a legal immigrant with an valid SSN or taxpayer ID", when you say "taxpayer ID" what kind of ID is that ? is that the ITIN number I use to do my taxes ? or what kind of special ID is that ?

I do apologize if I offended any of you guys with my status, as you guys thought, at this point my I-94 is expired and I can not renew it at this point, belive me otherwise I would have done it already (in case any of you may think something else) I have no police critical record except this ticket, SandyClaus with my respect I hope I don't offend you more with my status (you can call me by any name you consider), I hope I don't open a debate

CdwJava, Sorry if my legal terms are described wrongly (I'm not familiar with legal terms), when I mentioned "court fiscal" I tried to describe the official person in charge of represent or prosecute the interests of that specific court, I don't know if the term for that is "court prosecutor" or "district attorney" but I meant the assigned responsable person who prosecute in that court office (not the judge), so I don't know if this Person can receive regular people and if I could talk to him/her or if they receive only lawyers (I hope I gave you an idea),
So the local lawyer I talked to, told me that if I try to do talk by myself to this person in charge I could be in danger to be datained or arrested by this "person in charge" (is this truth ??)
also, told me if This "person in charge" involves in the case or if he claims for a formal court hearing, the court will increase considerably the final amount to be paid, just at this point the final total amout is $ 420 total, he said they can double this amount if the fiscal or judge are involved and if they claim for a hearing, are these 2 things truth ??

Once I pay the ticket Is there anyway to know if the charge will be finally filed as misdemenor or if it will be filed as "infraction", does it say somewhere in the final case print receipt or the right name of the "voucher" they will give me ?

I really apreciate all your answers

 

[CdwJava]

The prosecutor will not throw you in jail. Why would he do that for talking to him? And, as I mentioned, these are usually filed as infractions so there will be no prosecutor involved. Regardless of what the officer wrote on the citation, the DA gets to decide how to file and they rarely have the time, money, or inclination to risk a jury trial for an expired driver's license.

Now, if you are currently an alien that has overextended their stay and that has something to do with why you cannot renew your license, then any court appearance can risk seizure and deportation proceedings. You might want to consider an attorney, or, see how you can pay the fines for this to the clerk of the court without going to trial. It's likely that you can plead guilty and pay the fines in full at the clerk's office if this is ultimately filed as an infraction.

 

[ricardoplugins]

CdwJava Thanks again
When you say: "It's likely that you can plead guilty and pay the fines in full at the clerk's office if this is ultimately filed as an infraction"
I understand the court will try to avoid extra expenses for them but how can I be sure while I'm paying that if the charge will be really filed and stay in their computer database as "misdenor" or just "infraction" that is my concern, because on the ticket says "misdemeanor", I guess the Clerk will take it like that I guess
Or who could be the right person (at the court office) whom I can talk to or ask them if they can change it to "infraction" ??
Thanks again for your quick answer
God Bless you !!

 

[davew128]

Other than suspension either here or in another state, the only thing that immediately comes to mind is that the poster is in the country illegally.

In California? NEVER!

 

[davew128]

Why do you think this is a "right"?

Well CA law WAS changed recently to allow for just that, so yeah OP is correct.