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  • California drivers' question.

    I have a California driver's license question;
    I was stopped by the CHP yesterday and it seems my DL has expired, I
    walked home.
    the q. is if convicted of a misdemeanor for driving w/o a license what
    would be the penalties?
    And what is my best defense in court. I plan to challenge the fairness
    of this ticket as I certainly did not get a notice of renewal ( I moved
    recently) and according to the DMV all I have to do
    is apply for a renewal. No problem.
    I am in the wrong but I shouldn't be included with those that Lost their
    license thru the courts?
    It was listed as uncorrectable. I would tell the judge , it was
    corrected in a few days.
    I have a wonderful no accident, minor ticket a long time ago driving
    record.
    What could my defense sound like? Suggestions?
    if you want to e-mail me. it's [email protected]

    thanks in advance.

    --
    If you see yourself in others, then whom can you harm?


  • #2
    California drivers' question.

    In article <[email protected]>,
    Crusader george <[email protected]> wrote:
    I have a California driver's license question; I was stopped by the CHP yesterday and it seems my DL has expired, I walked home. the q. is if convicted of a misdemeanor for driving w/o a license what would be the penalties? And what is my best defense in court. I plan to challenge the fairness of this ticket as I certainly did not get a notice of renewal ( I moved recently) and according to the DMV all I have to do is apply for a renewal. No problem. I am in the wrong but I shouldn't be included with those that Lost their license thru the courts? It was listed as uncorrectable. I would tell the judge , it was corrected in a few days. I have a wonderful no accident, minor ticket a long time ago driving record. What could my defense sound like? Suggestions? if you want to e-mail me. it's [email protected] thanks in advance.
    here's an up-date.
    If he goes to court they will dismiss it upon seeing a renewed license, and paying a $10 'convenience' fee
    While preparing this message I did a little research on this. Turns out
    that
    for an expired licence, a CHP officer won't do. You HAVE to go at least
    to
    the court clerk, but not necessarily to court (though this -- whether
    you can
    go just to the clerk -- may vary by county). The OP should look at VC
    40610
    (which reads in part):

    40610. (a) (1) Except as provided in paragraph (2), if, after an
    arrest, accident investigation, or other law enforcement action, it
    appears that a violation has occurred involving a registration,
    license, all-terrain vehicle safety certificate, or mechanical
    requirement of this code, and none of the disqualifying conditions
    set forth in subdivision (b) exist and the investigating officer
    decides to take enforcement action, the officer shall prepare, in
    triplicate, and the violator shall sign, a written notice containing
    the violator's promise to correct the alleged violation and to
    deliver proof of correction of the violation to the issuing agency.
    (2) If any person is arrested for a violation of Section 4454, and
    none of the disqualifying conditions set forth in subdivision (b)
    exist, the arresting officer shall prepare, in triplicate, and the
    violator shall sign, a written notice containing the violator's
    promise to correct the alleged violation and to deliver proof of
    correction of the violation to the issuing agency. In lieu of
    issuing a notice to correct violation pursuant to this section, the
    officer may issue a notice to appear, as specified in Section 40522.

    (b) Pursuant to subdivision (a), a notice to correct violation
    shall be issued as provided in this section or a notice to appear
    shall be issued as provided in Section 40522, unless the officer
    finds any of the following:
    (1) Evidence of fraud or persistent neglect.
    (2) The violation presents an immediate safety hazard.
    (3) The violator does not agree to, or cannot, promptly correct
    the violation.

    Please note that under the law, if none of the disqualifying conditions
    exist, the officer SHALL issue a fix-it ticket -- his ONLY choice is
    WHETHER
    to issue a ticket or not. And if he DOES, it MUST be a fix-ti ticket.
    [I ain't no lawyer, and this ain't legal advice.]
    --
    If you see yourself in others, then whom can you harm?

    Comment


    • #3
      California drivers' question.

      Crusader george wrote:
      I have a California driver's license question; I was stopped by the CHP yesterday and it seems my DL has expired, I walked home.
      Just curious - why? I've had that happen once, and I was just told that
      it was expired & I had to take care of it.
      the q. is if convicted of a misdemeanor for driving w/o a license what would be the penalties?
      IIRC, they're not that severe. But it would be a good idea to ask. I was
      in court recently for a misdemeanor traffic violation (in CA), and the
      Judge was pretty good about explaining the consequences before you
      entered your plea. I don't know if this is procedure generally, or if it
      was that particular judge, though.
      And what is my best defense in court. I plan to challenge the fairness of this ticket as I certainly did not get a notice of renewal ( I moved recently) and according to the DMV all I have to do is apply for a renewal. No problem. I am in the wrong but I shouldn't be included with those that Lost their license thru the courts?
      I don't know what sort of license you have, but EVERY CA driver's
      license I have ever seen has the expiration date clearly stated on it.
      On what grounds would you claim it was unfair? Not receiving the renewal
      notice doesn't prevent you from renewing - and if you had recently
      moved, you should have updated your address with the DMV within 10 days.
      It seems to me that there was plenty of chance to get it taken care of.
      It was listed as uncorrectable. I would tell the judge , it was corrected in a few days. I have a wonderful no accident, minor ticket a long time ago driving record. What could my defense sound like? Suggestions?
      I assume you have corrected this and gotten the license renewed already?

      Take your current (renewed) license with you. Plead guilty and show the
      judge that you have fixed the problem. Odds are good he'll reduce it to
      an infraction and you'll pay a couple hundred in fines.

      If you're being charged with a misdemeanor, you can also request to
      speak with a Public Defender before entering a plea. My guess is that
      they'll tell you about the same.
      if you want to e-mail me. it's [email protected]
      Post in public, get answered in public

      For the record: IANAL & this isn't legal advice - I'm speaking only
      based on my own personal experiences with the CA legal system, however
      limited they may be

      Comment


      • #4
        California drivers' question.

        In article <[email protected]>,
        Crusader george <[email protected]> wrote:
        I have a California driver's license question;I was stopped by the CHP yesterday and it seems my DL has expired, Iwalked home.the q. is if convicted of a misdemeanor for driving w/o a license whatwould be the penalties?
        Do you know how to use the Internet?
        ever heard of a web-site called 'google'?
        You have a piece of paper with the identifier of the specific section of
        California law that you are accused of violating, don't you? (the 'ticket')
        The entire California civil and criminal code is on-line -- published by
        the state of California.

        I betcha if you find it -- using google or a similar tool -- that you can
        then find text for the part of the California statutes which you are accused
        of violating. *THEN*, if you look around in the vicinity you can probably
        find 'how big' the fine could possibly be, and, 'if' there's a change of
        jail time, how much jail time might be involved.
        And what is my best defense in court. I plan to challenge the fairnessof this ticket as I certainly did not get a notice of renewal ( I movedrecently)
        Don't waste your _and_ the court's time with that one.

        *YOU* are responsible for knowing when your license must be renewed,
        and _acting_ on it. All the necessary information is printed on the
        drivers license itself.
        and according to the DMV all I have to dois apply for a renewal. No problem.I am in the wrong but I shouldn't be included with those that Lost theirlicense thru the courts?
        Some jurisdictions treat 'driving without a license' differently from
        'driving with an _expired_ license', and that differently from "driving
        with a suspended/revoked' license.

        Other jurisdictions tread 'operating a motor vehicle without a valid license'
        as a single catch-all offense for the various 'kinds' of infraction.

        You _did_ do it. You admit that. Ok, it was sloppiness/carelessness on
        your part, not 'malice aforethought' -- like those who continue to drive
        *knowing* that their license has been suspended/revoked.

        That *isn't* a 'get out of jail free' card. See the theme-song from the
        old "Baretta" TV show.
        It was listed as uncorrectable. I would tell the judge , it wascorrected in a few days.I have a wonderful no accident, minor ticket a long time ago drivingrecord.What could my defense sound like? Suggestions?
        "guilty with an explanation". Throwing yourself on the mercy of the court.
        Plead sloppiness/distraction due to the move. Bring _proof_ that you
        corrected the matter as soon as you were made aware of it



        Comment


        • #5
          California drivers' question.

          In article <[email protected]>,
          Crusader george <[email protected]> wrote:
          I have a California driver's license question; I was stopped by the CHP yesterday and it seems my DL has expired, I walked home. the q. is if convicted of a misdemeanor for driving w/o a license what would be the penalties? And what is my best defense in court. I plan to challenge the fairness of this ticket as I certainly did not get a notice of renewal ( I moved recently) and according to the DMV all I have to do is apply for a renewal.
          You are double and triple wrong. You ignored it. You let it
          expire. You failed to apply for a renewal. You failed to
          change your address with the state when you moved. That last
          one is an offense in many states.

          About all you can do is tell the truth (you screwed up several
          times because you didn't think it was important), and see what
          the judge is willing to do.

          So, does CA require insurance? Are you insured?

          -john-

          --
          ================================================== ====================
          John A. Weeks III 952-432-2708 [email protected]
          Newave Communications http://www.johnweeks.com
          ================================================== ====================

          Comment


          • #6
            California drivers' question.

            In article <[email protected]>,
            Crusader george <[email protected]> wrote:
            I have a California driver's license question; I was stopped by the CHP yesterday and it seems my DL has expired, I walked home. the q. is if convicted of a misdemeanor for driving w/o a license what would be the penalties? And what is my best defense in court. I plan to challenge the fairness of this ticket as I certainly did not get a notice of renewal ( I moved recently) and according to the DMV all I have to do is apply for a renewal. No problem. I am in the wrong but I shouldn't be included with those that Lost their license thru the courts? It was listed as uncorrectable. I would tell the judge , it was corrected in a few days. I have a wonderful no accident, minor ticket a long time ago driving record. What could my defense sound like? Suggestions? if you want to e-mail me. it's [email protected] thanks in advance.
            up-date.
            I went down yesterday and had my license re-newed. No late fee, just $26
            for another five years of paying outrageous prices for gas.
            but here's an idea.

            I wonder if I went down to the CHP with the proof and acted as if it was
            a fix-it ticket, just to save some of my day in "court'.
            what would they do? I could even show them v.c. 40611/40610.
            would this effort save some time? It would a great way for them to save
            face. but are they that flexible?
            they are such control freaks. sad. what a job?

            --
            If you see yourself in others, then whom can you harm?

            Comment


            • #7
              California drivers' question.

              In article <[email protected]>,
              Crusader george <[email protected]> wrote:
              I wonder if I went down to the CHP with the proof and acted as if it wasa fix-it ticket, just to save some of my day in "court'.what would they do? I could even show them v.c. 40611/40610.would this effort save some time? It would a great way for them to saveface. but are they that flexible?
              At best, they accept it and cancel your appearance in court.

              If you're reasonable and polite, at worst they say "Sorry, you still
              have to go to court."

              If you're rude and annoy them, you'll still have to go to court and
              they'll try to get a larger penalty than you'd otherwise get.

              You decide if the risks are worth it.

              Seth

              Comment


              • #8
                California drivers' question.

                In article <[email protected]>,
                Robert Bonomi <[email protected]> wrote:
                In article <[email protected]>,Crusa der george <[email protected]> wrote:
                I have a California driver's license question;I was stopped by the CHP yesterday and it seems my DL has expired, Iwalked home.the q. is if convicted of a misdemeanor for driving w/o a license whatwould be the penalties?
                Do you know how to use the Internet?ever heard of a web-site called 'google'?You have a piece of paper with the identifier of the specific section ofCalifornia law that you are accused of violating, don't you? (the 'ticket')The entire California civil and criminal code is on-line -- published bythe state of California.
                Google is a poor method for finding the real-world consequence
                of a ticket for driving without a license. In the state where
                I live, judges don't want to deal with such cases and the
                charges will likely be dropped if the failure to be licensed is
                correctable. You won't find this policy in the statute books.
                You may find it if you ask people, assuming you don't ask
                somebody who gives unhelpful advice in an attempt to be
                obnoxiously clever.

                A friend of mine was arrested for driving on a recently-expired
                license. He was 100% guilty. The police officer was within his
                rights. Driving without a valid license is a crime for which a
                person may be arrested. If he'd consulted Google he would have
                known this and been prepared to face his sentence. But he didn't.
                When he arrived at court a few hours later the judge set him free
                immediately and asked the police officer why the court's time
                was being wasted on something so trivial.

                Another guy I knew didn't have a license because of a couple of
                DUI convictions. He was arrested for driving under suspension.
                He, too, was 100% guilty. If he had taken the "ask Google"
                advice he would have found that he was facing mandatory jail
                time. In fact the charges were dismissed. The minimum
                suspension period for the first DUI had already passed, and
                the second DUI on his record belonged to somebody else with
                the same name and birth date. So his crime was excused by the
                court.

                --
                John Carr ([email protected])

                Comment


                • #9
                  California drivers' question.

                  Robert Bonomi <[email protected]t122.r-bonomi.com> wrote:
                  In article <[email protected]>, Crusader george <[email protected]> wrote:
                  I have a California driver's license question;I was stopped by the CHP yesterday and it seems my DL has expired, Iwalked home.the q. is if convicted of a misdemeanor for driving w/o a license whatwould be the penalties?
                  Do you know how to use the Internet? ever heard of a web-site called 'google'? You have a piece of paper with the identifier of the specific section of California law that you are accused of violating, don't you? (the 'ticket') The entire California civil and criminal code is on-line -- published by the state of California.
                  http://www.findlaw.com/casecode/index.html#statelaw

                  Gives links to the laws for all 46 states (and even the 4 commonwealths as
                  well.)

                  --
                  Mike

                  -------------------------------
                  "Our enemies are innovative and resourceful, and so are we. They never stop
                  thinking about new ways to harm our country and our people, and neither do
                  we," George W. "Shrub" Bush Aug 5, 2004

                  Comment

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