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  1. #1
    Join Date
    Sep 2012
    Posts
    3

    Post Forgot Driver's License at Home, Stopped by the Police

    My question involves a driver's license issued by the State of: CALIFORNIA

    I forgot my license at home when driving home from school. Got pulled over and issued a ticket 12951a. Cop also issued a 22400a when I stopped close to a car accident scene waiting for a left turn at local street (not on highway).

    This was my first ticket and it was a NOTICE TO APPEAR, I have no idea what I should do. Will I receive a citation? Shall I go to the court to show my valid driver's license before I get the mail?

    I signed at the place where shows "without admitting guilt, I promise to appear at the time and place indicated below." Can I change to admit guilt and pay the fine without appearing at the court or being charged any points?

    Does anyone know what the fines and points are and if I should go to traffic school?

    Thank you.

  2. #2
    Join Date
    Jan 2006
    Posts
    20,652

    Default Re: Forgot Driver's License at Home when Caught Stopped Close to a Car Accident Scene

    stick around. There are a couple of posters that are quite familiar with California traffic laws and should be able to help you. They post quite regularly but usually later in the day.

    Possession of License

    12951. (a) The licensee shall have the valid driver's license issued to him or her in his or her immediate possession at all times when driving a motor vehicle upon a highway.
    Any charge under this subdivision shall be dismissed when the person charged produces in court a driver's license duly issued to that person and valid at the time of his or her arrest, except that upon a third or subsequent charge the court in its discretion may dismiss the charge. When a temporary, interim, or duplicate driver's license is produced in court, the charge shall not be dismissed unless the court has been furnished proof by the Department of Motor Vehicles that the temporary, interim, or duplicate license was issued prior to the arrest, that the driving privilege and license had not been suspended or revoked, and that the person was eligible for the temporary, interim, or duplicate license.
    (b) The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code.

    Minimum Speed Law

    22400. (a) No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic, unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law
    .

    No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.

    If I recall correctly, the no license on person costs $25 administration fee and that is the end of that.

    the other one: what defense do you have? The statute suggests that by stopping you blocked traffic.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Sep 2012
    Posts
    3

    Default Re: Forgot Driver's License at Home when Caught Stopped Close to a Car Accident Scene

    I didn't remember if I blocked the traffic or not but I did stopped at the street to turn left where I should have gone straight.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    7,720

    Default Re: Forgot Driver's License at Home when Caught Stopped Close to a Car Accident Scene

    Quote Quoting joyce_jiang
    View Post
    local street (not on highway).
    A street is a highway:

    Vehicle Code section 360. "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

    Quote Quoting joyce_jiang
    View Post
    This was my first ticket and it was a NOTICE TO APPEAR, I have no idea what I should do. Will I receive a citation?
    The Notice To Appear is the "citation". You may receive a courtesy notice from the court showing you the total fine due and what options you may have to handle your citation...

    Quote Quoting joyce_jiang
    View Post
    Shall I go to the court to show my valid driver's license before I get the mail?
    No you shall not simply because if you have not received anything by mail and/or it has not been a minimum of 21 days since you were issued the citation, the court may not have any information on your case as it may not have been filed by the officer as of yet.

    Quote Quoting joyce_jiang
    View Post
    I signed at the place where shows "without admitting guilt, I promise to appear at the time and place indicated below." Can I change to admit guilt and pay the fine without appearing at the court or being charged any points?
    You'll get ample opportunity to submit a plea later on but in the meantime, you should listen to jk, he is correct that you can simply show your driver's license in court, pay an administrative fee of $25 and have the license violation get dismissed instead of paying the full fine which can be as high as $238...

    Additionally, you need to also decide if (1) you want to fight the 22400... (2) Whether you want to simply plead guilty to that charge and pay the fine, or (3) whether you want to plead guilty, pay the fine and pay for an additional fee to take traffic school to avoid having the violation point from appearing on your driving record.

    Quote Quoting joyce_jiang
    View Post
    Cop also issued a 22400a when I stopped close to a car accident scene waiting for a left turn at local street
    Quote Quoting joyce_jiang
    View Post
    I didn't remember if I blocked the traffic or not but I did stopped at the street to turn left where I should have gone straight.
    Then it really had nothing to do with stopping close to an accident scene but more to do with you -possibly- blocking straight through traffic as you waited to turn left.

    You have to remember whether you did block traffic or not... Did you hear somebody honk? Yell? Scream?

    If you do remember that there was traffic behind you which was stopped due to you being stopped, then I'm thinking choice # 3 would be ideal here but ultimately, it is up to you!

    Good luck!
    I am right 97% of the time... Who cares about the other 4%!

  5. #5
    Join Date
    Sep 2012
    Posts
    3

    Default Re: Forgot Driver's License at Home when Caught Stopped Close to a Car Accident Scene

    Thank you so much for answering my questions.

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