What is the name of your state (only U.S. law)? California
About a month ago, I was at my friends house and received a text message from my friend that he was stuck in a particular part of the city where his other friend had ditched him, and because it was around 11-12 at night, he had no ride to get home.
I was very aware of the license restrictions of a minor under 18 and not being able to drive someone under the age of 25, the kid was also 17.
Me being the nice guy that I am took the risk of going to pick him up and drop him off at a local intersection where his older sister was familiar with (and agreed to pick him up at) (about a 5 minute drive from where I picked him up)
When I was driving him to where he needed to get dropped off, we noticed that the police in the city were being very aggressive that night and pulling over a lot of people that were driving by. It is a very conservative city and the police tend to pull people over (youngsters) just to harass them and check them.
Literally a block from where my friend needed to be dropped off, I see a cop at the opposite intersection of me when I am driving, my friend noticed that he flashed his very bright white light into the side of our window.(thats when I knew he was suspicious of us, my car has a dark colored paint so I am assuming that is the reason why he stopped me, because my car looked kind of sketchy)
So he proceeds to turn around and follow us and the red and blue lights instantly come on and he pulls us over. When he approaches the window he tells me that he pulled me over due to the fact that he thought the car was stolen and it was standard procedure. Upon looking at my license and insurance for several minutes, he gave me a citation for violation of
12814.6(a). He told me the citation was for driving a minor under my provisional (under 18 license)
However upon reaching my house, I researched the violation and noticed that there are two types of violations:
1.) 12814.6 (a) ---Driving past curfew (11 PM-5AM)---
2.) 12814.6 (b) ---Driving a minor under the age of 20---
The reason I am kind of confused is because the officer cited me on the ticket that he handed to me (red paper) for the (A) violation, but he told me that I violated (B) and I did violate (b)
Technically I violated both (a) and (b) because I was driving past curfew with a MINOR under my restricted license.
My questions to you guys basically are:
1.) Can I use the officer's mistake on the red paper he handed me against him in court and only receive the fine for the (a).?
In theory, I could lie to the judge and tell him that there was no minor in my car, and if he asks me to prove it, I will show the documentation that the officer showed me and show him that the officer cited me for the (a)section of the violation and not the (b) violation.
I am scared to do this though because I feel like the officer might have other documentations on him proving he DID cite me for (b). But the paper he gave me said just (a)
My last question:
What is the fine for violating CVC 12814.6 (B)?
I know that for (a) they usually give you just community service, but I am wondering that if I am found guilty, or if you guys could give me a ballpark or range, what do you think I am going to have to pay? And does it go on my driving record?
Thank you so much.
About a month ago, I was at my friends house and received a text message from my friend that he was stuck in a particular part of the city where his other friend had ditched him, and because it was around 11-12 at night, he had no ride to get home.
I was very aware of the license restrictions of a minor under 18 and not being able to drive someone under the age of 25, the kid was also 17.
Me being the nice guy that I am took the risk of going to pick him up and drop him off at a local intersection where his older sister was familiar with (and agreed to pick him up at) (about a 5 minute drive from where I picked him up)
When I was driving him to where he needed to get dropped off, we noticed that the police in the city were being very aggressive that night and pulling over a lot of people that were driving by. It is a very conservative city and the police tend to pull people over (youngsters) just to harass them and check them.
Literally a block from where my friend needed to be dropped off, I see a cop at the opposite intersection of me when I am driving, my friend noticed that he flashed his very bright white light into the side of our window.(thats when I knew he was suspicious of us, my car has a dark colored paint so I am assuming that is the reason why he stopped me, because my car looked kind of sketchy)
So he proceeds to turn around and follow us and the red and blue lights instantly come on and he pulls us over. When he approaches the window he tells me that he pulled me over due to the fact that he thought the car was stolen and it was standard procedure. Upon looking at my license and insurance for several minutes, he gave me a citation for violation of
12814.6(a). He told me the citation was for driving a minor under my provisional (under 18 license)
However upon reaching my house, I researched the violation and noticed that there are two types of violations:
1.) 12814.6 (a) ---Driving past curfew (11 PM-5AM)---
2.) 12814.6 (b) ---Driving a minor under the age of 20---
The reason I am kind of confused is because the officer cited me on the ticket that he handed to me (red paper) for the (A) violation, but he told me that I violated (B) and I did violate (b)
Technically I violated both (a) and (b) because I was driving past curfew with a MINOR under my restricted license.
My questions to you guys basically are:
1.) Can I use the officer's mistake on the red paper he handed me against him in court and only receive the fine for the (a).?
In theory, I could lie to the judge and tell him that there was no minor in my car, and if he asks me to prove it, I will show the documentation that the officer showed me and show him that the officer cited me for the (a)section of the violation and not the (b) violation.
I am scared to do this though because I feel like the officer might have other documentations on him proving he DID cite me for (b). But the paper he gave me said just (a)
My last question:
What is the fine for violating CVC 12814.6 (B)?
I know that for (a) they usually give you just community service, but I am wondering that if I am found guilty, or if you guys could give me a ballpark or range, what do you think I am going to have to pay? And does it go on my driving record?
Thank you so much.