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  1. #1

    Default Caught Driving Without License or Insurance, Age 18

    My question involves a driver's license issued by the State of: Gilroy, California

    To make a long story short, I was driving back to my house and got pulled over by a police officer for weaving. Unfortunately I had left my wallet & insurance at home, and the cop ticketed me with Violations: (VC-12500A-M) and (VC-16028a-l).

    I did my fair share of research and understand that with the 160238a-l violation it can be corrected by showing proof of insurance, which I do have.
    My question however is what do I do next with the VC-12500A-M violation? I looked online and understood that this misdemeanor can be reduced to an
    infraction, but how?

    I just received my Ticket in the mail and I'm just confused on what option to take up: Proof of Correction, Pay my ticket, or Request court appearance.
    Personally I am trying to avoid paying any substantial amount (amount they have me due with the Proof of correction is $500 and being a dependent college student, I can't drop that kind of money on a ticket) and I have understood from various other sites around the web that I could prove that I can reduce this misdemeanor charge by showing proof of my License ( which I have had for more than two years).


    Could anyone help with clarifying my situation?

  2. #2
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    Default Re: CA:18 Yrs. Ticket for Driving W/O License and Insurance; Confused on What to Do N

    Quote Quoting recampos1223
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    Could anyone help with clarifying my situation?
    Pretty simple... Though understanding the entire process tak es a bit of an explanation and it can get a bit convoluted but at the end of the day, you need not know or understand all of the following, but I will still run you though it just so you'll have a reference if you need it..

    Pursuant to Penal Code section 19.8 which states:

    19.8. The following offenses are subject to subdivision (d) of Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, 652, and 853.7 of this code; subdivision (c) of Section 532b, and subdivision (n) of Section 602 of this code; subdivision (b) of Section 25658 and Sections 21672, 25658.5, 25661, and 25662 of the Business and Professions Code; Section 27204 of the Government Code; subdivision (c) of Section 23109 and Sections 12500, 14601.1, 27150.1, 40508, and 42005 of the Vehicle Code, and any other offense which the Legislature makes subject to subdivision (d) of Section 17. Except where a lesser maximum fine is expressly provided for a violation of any of those sections, any violation which is an infraction is punishable by a fine not exceeding two hundred fifty dollars ($250).
    Except for the violations enumerated in subdivision (d) of Section 13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code based upon failure to appear, a conviction for any offense made an infraction under subdivision (d) of Section 17 is not grounds for the suspension, revocation, or denial of any license, or for the revocation of probation or parole of the person convicted.


    ... a violation of Vehicle Code section 12500 is subject to the povisions of Penal Code section 17, which states:

    Penal Code section 17(d) A violation of any code section listed in Section 19.8 is an infraction subject to the procedures described in Sections 19.6 and 19.7 when:
    (1) The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time he or she is arraigned, after being informed of his or her rights, elects to have the case proceed as a misdemeanor, or;
    (2) The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

    .... PC 17(d)(1) says: a violation of VC 12500 is an "infraction" when the prosecutor files it as an "infraction" unless the defendant (you) decide at your arraignment that you want it to be charged as a misdemeanor. (Yes, there are circumstances where you might want to do that but, fortunately, this is not one of them).

    Typically, this citation is not going to go through the prosecuting attorney's office so that takes us to subparagraph (2) of PC 17(d), which means that the court will file it as an infraction and on the date of your arraignment, the judge will give you the option to bump it up to a misdemeanor. Of course, for your purposes, you would rather have it remain as an infraction so you're going to decline that offer. In fact, what you are going to do, and while you will still ---> appear on the date your case is scheduled for the arraignment (you're going to take you current/valid driver's license, along with proof that you were insured on the date you were cited) and when your name is called, you walk up, give your driver's license and insurance card to the bailiff who will either read it to the judge or hand it to him/her. The judge will then verify the dates on both, the license and insurance card, and subsequently order both violations to be dismissed upon your payment of a $25 administrative fee for each violation (a total of $50.00).

    So again, the only thing(s) you need to do start at the "--->" symbol forward... Everything else BEFORE the "--->" symbol, is for information only!

    What I would recommend you do is to contact the court a couple of weeks prior to the appearance date listed on your citation and inquire with the clerk as to how your case was filed (my bet is they'll confirm that your appearance is scheduled in traffic court which would imply that it was filed as an infraction.

    IF NOT... Then all you need to do is print the code sections and take them with you to court JUST IN CASE... But there is absolutely no reason whatsoever why the process should not follow the steps listed above!

    Good luck...


    PS: some people will have you believe that there is no difference between infractions and misdemeanors... Ain't that a bear!!!

    (recampos1223, just so you'd know, ^that^ is an inside joke... Nothing about you or your case...

  3. #3

    Default Re: CA:18 Yrs. Ticket for Driving W/O License and Insurance; Confused on What to Do N

    Quote Quoting That Guy
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    PS: some people will have you believe that there is no difference between infractions and misdemeanors... Ain't that a bear!!!

    (recampos1223, just so you'd know, ^that^ is an inside joke... Nothing about you or your case...
    Haha! Thanks man!

    One question though on your given advice, my citation actually cited the VC12500A-M as a misdemeanor. So does that mean, with proper documentation of my license and insurance, I would still be able to go to court and have them possibly cite this violation as an infraction? Because it specifically states on my citation that it's listed as a misdemeanor and not as an infraction.

    And lastly, what would I do with the ticket that was sent to me through mail regarding options on "Proof of Correction" "Pay your ticket" "request court appearance", am I obliged to send this paper in regarding the actions I'm going to with take? or do I simply show up (like you said) on the court arrangement date that was on my citation?


    Sorry If I may seem a pain,
    just a young college kid trying to figure out how this darn system works aha

  4. #4
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    Default Re: CA:18 Yrs. Ticket for Driving W/O License and Insurance; Confused on What to Do N

    Quote Quoting recampos1223
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    One question though on your given advice, my citation actually cited the VC12500A-M as a misdemeanor. So does that mean, with proper documentation of my license and insurance, I would still be able to go to court and have them possibly cite this violation as an infraction? Because it specifically states on my citation that it's listed as a misdemeanor and not as an infraction.
    Even if they were to file it as a misdemeanor, then there is absolutely no reason whatsoever why they would not reduce it to an infraction. While it is imperative that you do carry your license on you whenever you drive, you are a legally licensed driver who simply happened to forget his license that one trip, and for one, it would be a great injustice and a waste of reasources to even consider filing the case as a misdemeanor. Rest assured that the judge is going to want to spend any more than the 2 minutes it will take to verify your proof, and announce a dismissal on the record in this case.

    Lastly, I can tell you of cases where the defendant did not even possess a learner's permit, and yet they were given up to 90 day extensions to "go and get their license, and come back for a dismissal".

    Quote Quoting recampos1223
    View Post
    And lastly, what would I do with the ticket that was sent to me through mail regarding options on "Proof of Correction" "Pay your ticket" "request court appearance", am I obliged to send this paper in regarding the actions I'm going to with take? or do I simply show up (like you said) on the court arrangement date that was on my citation?
    I am assuming that you are speaking of the "courtesy notice" you received from the court. And if so, then it is not a "ticket" but simply a reminder o the case as well as a way for the court to further clarify your options (specific to the violations you were cited for) and to notify you of the (potential) fine amount(s). It is imperative to read the information contained in that notice, as well as verify that the appearance date on the notice is the same as that written by the officer on the citation. Usually there is no need to return that notice to the court, and instead, you can make the same elections either over the phone or online at the court's website (or even in person if you so choose).

    However, and specifically when it comes to your quoted "request an appearance date", that usually means that the date on the citation and/or the courtesy notice are not necessarily your "arraignment date" (the day when you either enter a plea or -in your case- show the judge proof of correction), instead (and this does usually vary by county) that date may be the last date upon which you can contact the court to request an arraignment (an appearance before the judge). So in addition to contacting the court to inquire about whether it is filed as an "I" or an "M" (as I suggested above), you should also ask whether that date is your "appear by date" or "request by date".

    Quote Quoting recampos1223
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    Sorry If I may seem a pain
    Not at all!

    Quote Quoting recampos1223
    View Post
    just a young college kid trying to figure out how this darn system works aha
    ... and I am glad I can help!

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