I got a ticket for driving without license in CA, even though I had my Indian Licence

[satpakkct]

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

I got a driving ticket for unlicensed driving in LA County.

I am an international student from India, and here on F1 Visa. I was carrying my Indian driving license. As per the DMV rules, a license from one’s native country is acceptable in California. However, the officer did not accept it, saying that its only valid if I am visiting California for a short period.

I also have a temporary learner's license issued by DMV but I wasn't supervised by a license holder during the time of incident.

My questions are:

1. What will be the consequences since it is clearly written as mis demeanor. I am really afraid since many of the websites says that there will be a jail sentence for a minimum of 5 days.
2. If i accept that it is a fault, will they just ask me to pay the fine and let me go or ?
3. Should i get a valid license before the appearance date in court - traffic court.?
4. Is this a serious case ?. Should I look in for a lawyer.!? I am again afraid that the costs associated in hiring a lawyer would be very high !!

 

[CdwJava]

You may wish to consult an attorney.

The fact that you have already started the application process may put you in a precarious position, visa or not. The way CA law is written on the matter, when you take up residency you need to obtain a CA license. If you are a student/resident here, you will generally be required to obtain a valid license here if you intend to drive.

While technically a misdemeanor, CVC 12500(a) is most often charged as an infraction for a first offense. So, it is NOT very serious. It is also a correctable violation. This means that if you go ahead and obtain your valid CA license by court time, you may very well get off with a $25 court administrative fee and be sent on your way.

 

[StevenJ_420Law]

For the op:

If you cant get your license or legal advice, you should at least go in and plead your case to the judge. your circumstance is not unusual and the court is within its discretion to even completely dismiss the citation.

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for cdw..

12500(a) as an infraction is only correctable pursuant to 40610 if the officer marks it as correctable. This was affirmed last year by the supreme court in CHP vs Superior court (2009).... this ruling I dont think has circulated everywhere as many have never heard of it.

The ruling essentially states that unless the officer specifically marks a 40610 violation as correctable (sometimes they just leave it blank), the courts should assume the officers found a disqualifying condition and courts should process it as not eligible for correction. Likewise, if an officer marks an otherwise non correctable violation (like modified exhaust, carry chains) as correctable, it is then to be considered correctable.

Whatcha think of that? Have you read CHP vs Superior court or do your agency /courts enforce that?

 

[CdwJava]

Here, we typically mark it as a correctable misdemeanor and forward the citation to the DA. The DA then evaluates the situation and makes the call whether to file it as an infraction to traffic court or to file it as a misdemeanor through the criminal court.

Typically, if the court wants to make the citation correctable even if we do not check the box, they will. I am certainly not going to argue with the judge even if he MIGHT be wrong.

Oh, and yes, I am familiar with the decision (from 2008, I believe). I suspect our courts - if they are aware or care about the decision - might feel that the opinion was narrow enough to allow them leeway in decisions that involve items more specifically considered under 40610 such as licenses and registration as opposed to motorcycle helmets.

I'd be happy to ask the presiding judge at the next little league game I see him at - he's an umpire here.

 

[StevenJ_420Law]

Yeah maybe it was 08. Nah i wouldnt bring it up to judge. I think that would be inappropriate for a few different reasons. Plus.. let em correct it jeez.

 

[CdwJava]

Yeah maybe it was 08. Nah i wouldnt bring it up to judge. I think that would be inappropriate for a few different reasons. Plus.. let em correct it jeez.

I ask him questions with some frequency. He's a good egg and has no problem with casual conversation. Though, admittedly, I may not recall what to ask him on this topic when next I see him so it will probably be some other burning issue like how his daughter is doing now that she just graduated college.

Talking shop can be so dull sometimes.