Unlicensed 16 y/o [12500 (a) VC]

[JustACooper]

I live in California and am a 16 years old male.

Yesterday , I made my DMV appointment to go and have my driving test to get my license since i already have a permit .I decided to go and get the test paper from my cousins house which is just a few blocks away from my house so when i was coming back i got pulled over for suspected speeding ( i wasn't speeding) well they gave me a [12500(a) VC] Misdemeanor for being an unlicensed driver and under they wrote "Warned driver about speeding". They talked to my Mom and told her that they would give her a call back on what they decided to do but they never did , they just told me to park my car somewhere and walk home.This is the first time i am getting into any kind of trouble like this. I have a few questions .

- Should i still goo to my appointment and get my license? I read that it would be much better if i could do that .What would happen in that situation?
- Is this considered a moving violation?
- Will this be reported to my insurance ?
- Should i try to lower the offense to an infraction and how would i be able to do that ? What would be affected ?What is the name of your state (only U.S. law)?

 

[CdwJava]

they just told me to park my car somewhere and walk home.

Wow! You caught someone in an outstanding mood! He could have (and, arguably, SHOULD have) impounded your vehicle for up to 30 days! Any idea how much it would cost to get that out of impound in a month?

- Should i still goo to my appointment and get my license? I read that it would be much better if i could do that .What would happen in that situation?

You probably should. The court can treat the 12500 violation as a correctable violation. So, obtaining a valid license before the court date may be a good thing.

- Is this considered a moving violation?

No points are applied to your license status for this offense.

- Will this be reported to my insurance ?

It will be on your driving record so the insurance company will know if they pull that record. It is very likely that your insurance rates will be effected by this.

- Should i try to lower the offense to an infraction and how would i be able to do that ? What would be affected ?

The penalty will effectively be the same either way. If you are sent to traffic court, it will likely be treated as an infraction. if you are assigned to juvenile court, it could be treated either way. An attorney could tell you how to offer a plea to the infraction as opposed to the misdemeanor.

It might be a good idea to have mom and dad pony up for a consultation with an attorney before court. Of course, because of this, mom and dad may decide that you are not getting a license for a while anyway. If you were my son, you'd probably have to wait until 18 to get a license after a stunt like this.

- Carl

 

[Isis1]

if there was not an adult in the car, you are driving without a license. that permit is only valid if a qualified adult is in the vehicle.


you should call the DMV. they may consider not allowing you to get a license now.

 

[JustACooper]

-

Thank You for the quick and helpful reply's .

-So if i get my license by the court date what would be the best and worst case scenario?

-Also how would i be able to go to Traffic court instead of juvenile, since i feel it would be better?

-Would it be possible to do a correction without a plea for it to be reduced to an infraction?

-What would we need from an attorney?What would we ask?

-Also, what would have to take place so my insurance rates wont jump?

 

[CdwJava]

-So if i get my license by the court date what would be the best and worst case scenario?

Best case would be that you get the matter dismissed and have to pay a $25 admin. fee for the fix-it ticket. Worst case is the full fine and maybe a temporeary license suspension (not sure if that's permissible, but I have heard it is ... no time to look up the applicable sections right now).

-Also how would i be able to go to Traffic court instead of juvenile, since i feel it would be better?

On your citation it will tell you where you should go. If they handle juvenile traffic matters in traffic court, so be it.

-Would it be possible to do a correction without a plea for it to be reduced to an infraction?

If charged as a misdemeanor, probably not. How the state charges it may not be how the officer wrote it. You'll know at the first hearing (which should be the arraignment).

-What would we need from an attorney?What would we ask?

You could ask about the consequences, the options, etc. Some counties have programs available for first offenders. Plus, the practice in your county may be harsher or more lax than those in the counties whetre I have lived and worked. A local attorney would know how the courts tend to view such things.

-Also, what would have to take place so my insurance rates wont jump?

A very forgiving insurance company or a complete dismissal of the offense.

- Carl

 

[JustACooper]

Do you think it would be possible for it to get dropped because i could have legally had my license if i wanted when i got pulled over ? Or is it going to be a problem since i am a juvenile?

On the citation it says next to the court date INFORMAL JUVENILE & TRAFFIC COURT . What dose this mean , where will i go? Do i have a choice where to go?

Also would it be easier if i just got my license and went to the traffic court before the date that they wrote?

 

[CdwJava]

Do you think it would be possible for it to get dropped because i could have legally had my license if i wanted when i got pulled over ? Or is it going to be a problem since i am a juvenile?

The offense is for driving without a license. You did not have a license. You are guilty.

Now, this can be treated as a correctable violation by the court and the judge can show leniency by dismissing based upon the correction (assuming you obtain a valid licens eby then) and you can pay $25 and be clear.

On the citation it says next to the court date INFORMAL JUVENILE & TRAFFIC COURT . What dose this mean , where will i go? Do i have a choice where to go?

If there is no date, then it probably indicates that you will be notified. If so, you might want to doiuble check that your contact information is correct on the citation.

Also would it be easier if i just got my license and went to the traffic court before the date that they wrote?

They might be able to correct it, then. But, if it is not marked on the citation or a future courtesy notice as a correctable violation, then the clerk would not be able to take care of it and you would still have to appear before the judge.

- Carl

 

[JustACooper]

So is there a difference between someone that got the same violation for driving with a suspended license and them getting a license before the court date and my situation?

And Yes, there is a date i was asking where to go JUVENILE OR TRAFFIC since it says "juvenile & traffic court"?

Thanks

 

[CourtClerk]

You probably should. The court can treat the 12500 violation as a correctable violation. So, obtaining a valid license before the court date may be a good thing.

Carl, the courts can only treat this as a correctable violation under certain, very specific circumstances. This isn't one of them.

 

[JustACooper]

what dose this mean?
I cant get it dismissed?

 

[CdwJava]

Carl, the courts can only treat this as a correctable violation under certain, very specific circumstances. This isn't one of them.

Why wouldn't it be? CVC 12500 is covered under CVC 40610(a), and CVC 40611 also permits a correction for CVC 12500 ... what mandatory exception exists here? I can certainly see that a court may perfectly well NOT allow it, but my experience is that many will allow for this to be corrected if the child is otherwise cooperative and was eligible for the license.

I have seen corrections permitted in nearly identical situations a number of times in even recent years.

- Carl

 

[CdwJava]

what dose this mean?
I cant get it dismissed?

CourtClerk apparently thinks it does not fall under the section for correctable violations per CVC 40610 ... I don't see that the court will be required to disallow a correction.

Of course, even if the court cannot make it correctable, the court CAN choose to simply dismiss it in the interests of justice if yopu have gotten your license. So, even if CC is correct, getting your valid license might well convince the court to dismiss the matter.

- Carl

 

[CourtClerk]

Why wouldn't it be? CVC 12500 is covered under CVC 14610(a), and CVC 14611 also permits a correction for CVC 12500 ... what mandatory exception exists here? I can certainly see that a court may perfectly well NOT allow it, but my experience is that many will allow for this to be corrected if the child is otherwise cooperative and was eligible for the license.

I have seen corrections permitted in nearly identical situations a number of times in even recent years.

- Carl

One instance that I can think of off hand is according to guidelines given out about 2 years ago indicate that they can dismiss the ticket if the DL was EXPIRED at the time of ticket and a new one reissued.

Bench officers will give leeway to someone who didn't have a license and obtained one within 48 hours (loosely) - because the last traffic manual indicates 24hrs.

However, especially with a juvenile, the rules change significantly.

 

[CdwJava]

One instance that I can think of off hand is according to guidelines given out about 2 years ago indicate that they can dismiss the ticket if the DL was EXPIRED at the time of ticket and a new one reissued.

Bench officers will give leeway to someone who didn't have a license and obtained one within 48 hours (loosely) - because the last traffic manual indicates 24hrs.

However, especially with a juvenile, the rules change significantly.

I can't find any prohibition against it ... so, if it IS prohibited it would seem to be a local rule of court, or the practice of a particular judge or court. That would seem to indicate that it is still possible to dismiss pursuant to 40610.

The only thing I can find is that pursuant to CVC 40303.5, the violation can be correctable if filed as an infraction. So, if a misdemeanor (and not reduced) then a dismissal would seem to be off the table. However, in both San Diego County and my current county, these are generally filed as infractions. So, it would seem that the option is still possible for the OP and he should still seek to obtain a valid license before the court date as it could still result in a dismissal (either by 40610 or by action of the court as in the interest of justice).

- Carl

 

[stmfitr636]

It may be possible that the insurance co. might not find the violation recorded if you obtain the coverage prior to the court date. Some Insurance co.'s only check your record when you make changes in your policy... not necessarily on an annual basis.

However, when they do find out... your rates will go up substantially or you may be dropped altogether. Then your rates will be outrageous from any/all providers.

And because there is disagreement on whether this could be a fix-it ticket or not does not mean that you didn't get caught and charged with driving without a license... only on the terms of the fine.

I would advise you getting your license while you can. It may allow you to drive for a few days/weeks until they take your license from you for up to a year.