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Unlicensed Driver in California

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ddaddyo

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

Hi, I was pulled over (due to a problem with my wife's car registration) in Manhattan Beach, California a week ago while driving my wife's car. I have a valid Mexican drivers license, however the police officer stated that he could not accept that license because California law stated that only a US issued license is valid for driving. So I got a ticket for a misdemeanor (12500 (a) VC -Unlicensed Driver) and have to go to court within the next two months.

After researching on the CA-DMV website I found out that you are able to drive in California with a license from another country, with the exception that it has to be valid.

So I am going to plea not guilty.

My question is, how should I proceed to declare myself not guilty? My argument is that I had a valid Mexican drivers license at the time, plus I plan to renew it and show both. Furthermore, i am looking into the possibility of applying for the California driver's license.

What are the implications of declaring yourself not guilty vs. guilty?

I am currently filing for green card through marriage.

Thanks.
 


CdwJava

Senior Member
After researching on the CA-DMV website I found out that you are able to drive in California with a license from another country, with the exception that it has to be valid.
You will also note that you must get a CA driver's license if you have taken up residency. So, if you live and work here - and are not simply on vacation - then you need a CA license. Your "not guilty" plea will buy you a little time, but probably will not help in the end.

However, if you can get a valid license by the time it goes to court, it is very likely that the matter will be dropped.

What are the implications of declaring yourself not guilty vs. guilty?
One means you get scheduled for trial, the other means you get convicted and pay the fines.

- Carl
 

I_Got_Banned

Senior Member
One means you get scheduled for trial, the other means you get convicted and pay the fines.

- Carl
There is also a GREAT possibiliy that the Court will offer you an time extension (typically 60 days from the date of your first appearance (which is also referred to as your arraignment)).

That extension is conditional upon the fact that when you return to court you will have a valid California Drivers license and either have the 12500 (a) dismissed or the fine reduced drastically.

If I were you and assumning you have in fact established residency in the State of California, I would go to the nearest DMV Office, ASAP, apply for a California Drivers license. Take whatever paperwork you get from the DMV to court with you... That should show the Judge intitative on your behalf and it will help your outcome a great & positive way.

Oh, almost forgot... That 60 day extension and if offered to you also dictates (or the assumption will be made) that you agree that your violation will be treated as an infraction as opposed to a misdemeanor. Your rights as a defendant actually do differ for each classification. Otherwise, you have the option to request that your case be transfered to the courtroom where they do the misdemeanor cases... That's where you'll see an actual prosecutor at one of the tables in ront of the Judge... That is where you'll see a Court reporter... So it does get fairly serious in there.
 

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