How to proceed when I get a misdemeanor 12500a vc for driving without a CA license, though I had CA permit and International DL?

[Tensed]

Ouch - I didn't realize the wait times were THAT bad. I stand corrected.

I managed to reschedule and I got a fresh appointment on Sept 19, 2019. Thank you for your help. I will keep posted.

 

[NeilTheCop]

You don't need a SSN to get a license in California. You just need to show legal presence.

If you are legally present in the US, but ineligible for an SSN, you are exempt from SSN requirements. However, you must still provide an acceptable Identity document for any DL/ID card application OR provide a valid SSN.

I stand corrected. I forgot that California is one of the states that freely gives drivers license to illegal immigrants, who of course don't have an SSN.

 

[cbg]

If the OP is here on a J visa, he is not here illegally. However, it takes time for a visa holder to get an SSN. And as I recall, Neil, you yourself are an immigrant here, but you are here legally (we presume). So your inference that all immigrants are illegal and that no one without an SSN can be here legally are both incorrect.

 

[LdiJ]

If the OP is here on a J visa, he is not here illegally. However, it takes time for a visa holder to get an SSN. And as I recall, Neil, you yourself are an immigrant here, but you are here legally (we presume). So your inference that all immigrants are illegal and that no one without an SSN can be here legally are both incorrect.

And, even people who are/were here illegally originally can sometimes end up with SSNs, even if they are not legally permitted to work here. I had a client once who was issued an SSN because her citizen daughter had Spina Bifida (I am not sure I spelled that right) and for some reason she was issued an SSN, but without a work permit. That actually made no sense to me. She wanted to work to support her daughter and had family (legal resident/citizen family) that could help with her daughter while she worked.

She ended up working under a false SSN and payed taxes under an ITIN, when it would have made far more sense for her to have been able to work under her SSN. And in case that confuses anyone, filing taxes under an ITIN meant that she did not get any special credits for her daughter. People filing under an ITIN don't get EITC.

 

[NeilTheCop]

Not at all

If the OP is here on a J visa, he is not here illegally. However, it takes time for a visa holder to get an SSN. And as I recall, Neil, you yourself are an immigrant here, but you are here legally (we presume). So your inference that all immigrants are illegal and that no one without an SSN can be here legally are both incorrect.

Not at all. If the OP is on a visa he is here legally, as was I when I first arrived, but when I applied for my DL in California they refused to accept my application until I could show a valid SSN.
But things have changed since then and being in the country illegally is now accepted as the norm in many states.

 

[quincy]

But things have changed since then and being in the country illegally is now accepted as the norm in many states.

Huh?

 

[cbg]

Neil, you're nuts. That's all I'm going to say on the subject.

 

[FlyingRon]

I stand corrected. I forgot that California is one of the states that freely gives drivers license to illegal immigrants, who of course don't have an SSN.

It has nothing to do with being an illegal immigrant. There are legal residents of California (and many other states) that are allowed drivers licenses but aren't eligible for SSN.

 

[not2cleverRed]

Not at all

Not at all. If the OP is on a visa he is here legally, as was I when I first arrived, but when I applied for my DL in California they refused to accept my application until I could show a valid SSN.
But things have changed since then and being in the country illegally is now accepted as the norm in many states.

Look, OP is legally here on a valid J1 visa.
Stop conflating legal with illegal.

Guess what: visiting foreign professors are allowed to get CA licenses too.

It did take legal NPRs significantly longer than citizens and LPRs to get a license with a photo when I was in CA, even if the legal NPR came to CA with a valid license from another state in the US.

Your posts have absolutely no relevance in this thread.

 

[FlyingRon]

Not only allowed but required. California ties the obligation (and permission) to residence NOT the ability to legally work.

The OP PM'd me and I don't respond to such things. In any event, NOTHING has chagned despite the carping:

1. GET YOUR LICENSE NOW. Nothing prevents it.
2. BRING IT TO COURT.

The court is allowed to treat this as correctable and let you off for $25. Otherwise, you'll pay the full fine/costs.

 

[Tensed]

Hi,
Thank you @Zigner for suggesting to look at other DMVs. I managed to get the license from Vacaville DMV before my scheduled date. So now I have my CA DL.

The thing I am worried about is my court date which is on Nov 19, 2019. I have no idea how the court works and what will be the verdict. On that note, I would like to ask do you have any idea on how I should prepare for the process? Or how the court system works? I checked online and it says I have to plea guilty/not guilty/no contest. I am not sure what should I do as I was driving that day with the impression that I am allowed to drive with an International DL as I am on a J1- exchange visitor visa.

Any help will be really appreciated.

Thanks

 

[CdwJava]

If the hearing is your arraignment, then you will really have no opportunity to argue a defense. You plead guilty or not guilty and get a trial date if you plead not guilty.

However, if you can present that valid driver's license as we have suggested, then all of this could just vanish for $25!

EDIT - The court may well allow you to present that valid license at your arraignment, and allow you to request for the offense to be made correctable so it can be handled right there. No, I do not know what specific words or phrases you might use there. I have yet to attend Yolo County Traffic Court. You may have to ask someone there, or just wing it when tyour name is called and politely ask for permission to speak about your license.

 

[FlyingRon]

California doesn't recognize "International Drivers Permit" (in fact, nobody really does by itself, it's purely a translation of your foreign license). California would have recognized your foreign license, but you've established residency in California, and you had ten days to get a California license.

 

[HighwayMan]

... am allowed to drive with an International DL as I am on a J1- exchange visitor visa.

There is NO SUCH THING as an "International Drivers License". If you have a document that purports to be that then it's likely to get you arrested if you show it on a traffic stop.