Speeding ticket / misdemeanor

[hubris140]

I was ticketed on the I-5 westbound in San Diego county. I was driving on my Indian (Foreign) license as I am a student at USC and I am on my foreign student (F1) visa. The officer did not accept my indian license and told me he would tow my rental car if I cannot provide my International license. I did show my Intl license but it had expired about a month ago. He then issued a misdemeanor for driving without a US license and needless to say, a speeding ticket too.
My court date is in a week and I am unsure what to tell the judge. I have taken steps to get a California DL by passing my written test. What should I tell the judge? What punishment am I looking at?

I would appreciate any sort of help.

 

[HighwayMan]

First of all, I don't know what the officer told you, but there is no such thing as an International license.

If you mean an International Driver Permit, all that is is a translation of your foreign license and really means nothing. I don't believe ANY state requires that document in order for you to legally drive.

Secondly, you are a California resident and are probably required by California law to hold a California drivers license. Why that should be a misdemeanor I don't know, but you were cited for it since you were in violation.

 

[hubris140]

"If you mean an International Driver Permit, all that is is a translation of your foreign license and really means nothing. I don't believe ANY state requires that document in order for you to legally drive."


Yes I was referring to the Intl Driver's Permit and the officer specifically asked for it and mentioned that "I would have to walk home" (his words not mine) if I did not possess it. Fortunately I had it with me.

"Why that should be a misdemeanor I don't know, but you were cited for it since you were in violation. "

Is it any help if I do tell the judge that I have taken steps to obtain a California DL (show my learner's permit)?

 

[HighwayMan]

It may help, but don't forget you already committed the offense. Getting it corrected after the fact won't necessarily help. Someone more familiar with California courts (Carl?) may better be able to answer that.

Just curious, is your Indian license in English?

After checking my sources, I strongly believe the officer was wrong - an IDP cannot be required since it is not a license - it is simply a document to assist the police in reading your foreign license.

While it is strongly recommended (especially if your foreign license is in a foreign language) it is not required in this country.

 

[I_Got_Banned]

What Vehicle Code Section did the officer cite you for (regarding the Driving while unlicensed violation)?

If it was CVC 12500(a) then pursuant to California Penal Code sections 19.8 & 17, a charge of Driving without a license is handled as an infraction instead of a misdemeanor (unless you request that it be handled as a misdemeanor and later request a jury trial).

So what might happen is that you will need to show that you've started the process of getting your California driver's licnese (tell the judge that you applied and then you'll hand the temporary license to the bailiff who will read it to the judge). The judge at that point will either reschedule another court date for you to bring in your actual license when you receive it (and he should dismiss the charge at that point), or he might just simply dismiss it during that first appearance.

By the way, and regardless of when the charge is dismissed (either at your arraignment or after you return to court the 2nd time) you will be ordered to pay a court administrative fee of $25. Much better than the $363 or more in fines for being found guilty of driving without a license.

 

[hubris140]

Sorry for replying so late but my court date has been rescheduled for Jan 7 and I was able to get a cali DL (interim license). So I am guessing he will dismiss the misdemeanor if everything goes well.

I just had one more question. When will the judge deal with the actual speeding infraction? Will he deal with it after he clears the misdemeanor or will he deal with it side by side?

Thanks again and you guys have been a great help.

 

[I_Got_Banned]

I just had one more question. When will the judge deal with the actual speeding infraction? Will he deal with it after he clears the misdemeanor or will he deal with it side by side?

It depends... Typically, and assuming the driving while unlicensed is charged as an infraction, then, yes, the judge will deal with both matters at the same time. You can plead guilty/not guilty to one or both, and go from there.

In other words, if you plead guilty to the speeding violation then you will have to pay the fine for that as well as the $25 administrative fee for the "driving while unlicnsed". If you plead not guilty to the speeding violation then your case will be scheduled for trial and the "driving while unlicensed" will be dismissed on the same day that your speeding case is adjudicated.

 

[JIMinCA]

Hubris,

Answer the question that was asked!!! What section of the vehicle code were you cited for?? It is very important. How do you know you were charged with a misdemeanor?? Give all the details!!!

When you go to court, that's not the time that the state simply pronounces a sentence upon you... that is when the prosecution must PROVE their case against you and you get to defend yourself. Don't be so willing to yield to what this cop says. Like the other posters have told you... this sounds really fishy to me.

 

[hubris140]

Hi. I am sorry for not replying to your earlier questions. The following are the codes under which I was charged:

12500(a)vc : drive without license
22349(a)vc : exceed 65 mph

Is this what you wanted?

 

[CdwJava]

The 12500(a) should be able to be dismissed. Unless you were driving your vehicle for compensation, as long as you intend to return home at the conclusion of your schooling it is not required for you to have a state driver's license. However, it would be a very good idea for you to do so.

 

[hubris140]

Thank you for your advice. It really helped. I was hoping to appear in court and plead not guilty and was then thinking of fighting the ticket through mail by requesting a Trial by Written Declaration (CVC 40902). Is this possible?