About a month after I moved to Cali, I got into a car accident and was written up for not having a valid Cali license. I really didn't know I even had to get one (I'm here to work for a year and then law school, but then I'm probably moving back to Ohio) Anyways, I have court date on the 15th of this month and now have a Cali driver's license. The officer mentioned that it wasn't a big deal at the time and that I just need to get one by the court date. Does this mean I can just show them that I have one now and not have the misdemeanor on my record? Do I have to plead at all? What would I plead? And how long shoudl I expect to be at court for?
Any information/suggestions would help. I will likely call the court tomorrow for more information. Thanks in advance.
2007-10-08 10:37:42 · 4 answers · asked by Jenny H 3 in Politics & Government ➔ Law & Ethics
To clarify, I'm not in law school yet. I'm taking a year off between grad school and law school so I'm actually working right now, which anchors residency. However, the officer did mention that I just had to show that I had the new license when I go to court. Will that suffice or will they make me plead in addition to showing that I now have a Cali license?
2007-10-08 10:53:39 · update #1
When you move to a new state, you're required to get a license from that state, within usually 10-15 days. If you can show permanent residence in another state, and spend six months there a year, you're still a resident there. Just info. You now must go to court, and show your Cali driver's license. The clerks who take your money are not court officials, they just take the money, so the judge has to see it. Just to prepare you, you also will have to pay court costs. Isn't THAT special! This is the way they rake the money in. You get to lose pay from not being at your job, and pay court costs. Chin up! It's no big deal, just a waste of your time. OH yeah, BE SURE you go to court! They'll put a bench warrant out for you, if you don't!
2007-10-08 11:04:25 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Since you moved to California to attend school, you had not changed your domicile to California. You will learn in school that the hallmark of domicile is the intention to remain, and a student normally does not form that intention until school is over.
Not being domiciled in California, you did not know that you were expected to hold a California license. For what it's worth, I think the cop was wrong to cite you, as a matter of constitutional law, since it seems to be infringing on your rights as a citizen of the United States, but since you have gotten a California license, I would not push this issue too far.
I would buttonhole the DA before the calendar call and discuss the disposition with him or her. If you agree on a disposition, the plea you enter depends on local practice. Over here, we plead not guilty; then there is colloquy between the DA, defense counsel and judge to establish the agreed disposition; and you plead guilty to the amended information if that's the deal.
2007-10-08 10:50:08 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Just a hint: Don't tell them you didn't know "ignorance of the law is no excuse" tell them you simply lost track of how long you had been there and it just slipped by. It is pretty common knowledge that once you move to another state you need to get a new drivers license.
If the judge does ask you to plead, you need to plead guilty. However I would say "Guilty, however the issue has been corrected". he will probably ask you to elaborate and you can show him your new license.
2007-10-08 10:44:30 · answer #3 · answered by davidmi711 7 · 0⤊ 0⤋
California Vehicle Code section 12500(a): http://www.dmv.ca.gov/pubs/vctop/d06/vc12500.htm
California Vehicle Code section 40303.5: http://www.dmv.ca.gov/pubs/vctop/d17/vc40303_5.htm
California Vehicle Code section 40611(a): http://www.dmv.ca.gov/pubs/vctop/d17/vc40611.htm
*/End of Line.
2007-10-09 00:35:56 · answer #4 · answered by Superman 6 · 0⤊ 0⤋