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  1. #1
    Join Date
    Jul 2013
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    Brentwood, California, United States
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    Default Caught Driving Without a License, VC 12500(A) Infraction

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

    On July 6th I was caught driving with only my permit at around 1am, I was 16 at the time. I turned 17 on July 23rd and just got my license 4 days ago. I have a court date on September 22nd. Will I get my license taken away from me and suspended until I am 18? I have no good reason for driving around at that time. I understand the fee will be $298? Correct me if I'm wrong. Willing to pay a couple bucks via paypal for the first good answer. I can use all the information I can get, thank you.

    Is this true?

    "This is a correctable offense. Which means that if you get your Driver's License before your court date that you will only have to pay a $25 dismissal fee and it does not go on your record. Be sure that you go to court on the arraignment date and plead Not Guilty then EXTEND the date until much later or as long as possible to give yourself "

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,331

    Default Re: 12500 (A) Infraction, I Need Your Help. Willing to Pay for Good Answers

    On the citation there should be a box to the left of the violation indicating whether or not the offense is correctable pursuant to VC 40610. If that box is checked "Yes" then the matter can be corrected and dismissed with a $25 administrative fee.

    If, however, it is checked "No" then you will have to ask the court to make it correctable. It is very likely that the court WILL make the matter correctable, but certainly no guarantee since you WERE driving without a license.

    Be prepared to pay the full amount ... be thankful if you do not have to.

    And if you are 17, tomorrow is a school day ... GET TO BED!
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Jul 2013
    Location
    Brentwood, California, United States
    Posts
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    Default Re: 12500 (A) Infraction, I Need Your Help. Willing to Pay for Good Answers

    Quote Quoting cdwjava
    View Post
    On the citation there should be a box to the left of the violation indicating whether or not the offense is correctable pursuant to VC 40610. If that box is checked "Yes" then the matter can be corrected and dismissed with a $25 administrative fee.

    If, however, it is checked "No" then you will have to ask the court to make it correctable. It is very likely that the court WILL make the matter correctable, but certainly no guarantee since you WERE driving without a license.

    Be prepared to pay the full amount ... be thankful if you do not have to.

    And if you are 17, tomorrow is a school day ... GET TO BED!
    No school tomorrow in my area. It is marked as "No" as in Not Correctable, what exactly do I do when I go in for my court date?

  4. #4
    Join Date
    Sep 2005
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    California
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    Default Re: 12500 (A) Infraction, I Need Your Help. Willing to Pay for Good Answers

    Quote Quoting Jon Mendez
    View Post
    It is marked as "No" as in Not Correctable, what exactly do I do when I go in for my court date?
    Well, I am not going to say what you SHOULD do, but I will say what I would do, or what I would tell you to do if you were one of my sons: You bring your parents with you, you inform the court that you now have a valid license, and ask that the offense be made correctable. It's a toss-up, so do not expect that you WILL be given a pass.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Jul 2013
    Location
    Brentwood, California, United States
    Posts
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    Default Re: 12500 (A) Infraction, I Need Your Help. Willing to Pay for Good Answers

    Do I plead guilty or not guilty?

    - - - Updated - - -

    Also, can I show up to court on an earlier day? If so, how would I go about doing this?

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
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    Default Re: 12500 (A) Infraction, I Need Your Help. Willing to Pay for Good Answers

    Quote Quoting Jon Mendez
    View Post
    Do I plead guilty or not guilty?
    If the court allows the correction then you need not enter a plea. It will be corrected and dismissed simultaneously. If, on the other hand, the correction is not allowed, you would plead guilty if you are simply paying the fine or you would plead not guilty if you have any reasonable basis to argue that you were not driving while unlicensed (which you don't).

    Quote Quoting Jon Mendez
    View Post
    Also, can I show up to court on an earlier day? If so, how would I go about doing this?
    No you can't!

  7. #7
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    Jul 2013
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    Brentwood, California, United States
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    Default Re: 12500 (A) Infraction, I Need Your Help. Willing to Pay for Good Answers

    Okay, thanks. Also, if I am found guilty and not allowed to make it correctable will I have my license suspended until I'm 18 and have to pay the full fine?

  8. #8
    Join Date
    Mar 2009
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    LA LA Land
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    Default Re: 12500 (A) Infraction, I Need Your Help. Willing to Pay for Good Answers

    Quote Quoting Jon Mendez
    View Post
    Okay, thanks. Also, if I am found guilty and not allowed to make it correctable will I have my license suspended until I'm 18 and have to pay the full fine?
    If you are found guilty and are not allowed the correction, the fine amount you would be ordered to pay is up to the discretion of the court. It could vary anywhere from a suspended fine (fine = $0.00) all the way up to the fine as set in the uniform bail schedule which is @ $298 which includes additional penalties, fees and assessments, or maybe even to the maximum $250 base fine for an infraction which including additional penalties, fees and assessments could end up being as high as high as $1000+

    As for the suspension, and although this is a zero point violation, again, judges who are assigned to juvenile matters are granted a wide latitude and discretion with regards to any and all aspects of these cases. So even though there would be no statutory requirement for a mandatory suspension, a judge can in fact make that as part of the penalty. This, of course would depend on your previous record and since I know nothing about that, I am not in a great position to elaborate as to how much of an effect that will have.

    So how do you avoid a high fine and/or a license suspension?

    You act on your best behavior; you appear in court on time; dressed appropriately (no shorts, cut-off shirts or pants/no t-shirts, no hats, no sunglasses); cell phone put away and off; no talking as you wait for your case to be called although there might be a chance that you will be waiting outside the courtroom; when your case is called, keep an eye out for the bailiff as there are times that they will signal you or whisper instructions in your direction; you speak only when spoken to and answer only when directly asked; don't stare, roll your eyes, sigh or act in any disrespectful manner; and most importantly, and to avoid wasting the court's time and setting the judge on a mission to hand you a harsh sentence (this is something that you seemed to have glanced over with no comment earlier in the thread) you are likely required to appear with your parent or guardian, so make sure they are aware of your appearance date/time ahead of schedule and that they (at least) have the morning available to be in court (or possibly the morning + early afternoon, if its a busy day in court), this way the judge can say the few words s/he needs to say (and s/he will be speaking directly to the parent/guardian although s/he is likely to address you as well) and you'd be done instead of forcing him/her to reschedule your appearance which would delay the matter for all involved, waste the court's time and likely piss off the judge! Equally as important, don't get caught in a lie. Often times it is best to remain silent or tell the truth, rather than tell a lie that the court can see through.

    Some of that may be viewed as over kill but rest assured it represents instructions I myself have heard in courtrooms around the county. Your judge might end up being much more easy going than ^that^ but it never hurts to show more respect than required and it never hurts to be prepared for the random tough judge out there.

  9. #9
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    Jul 2013
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    Brentwood, California, United States
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    Default Re: 12500 (A) Infraction, I Need Your Help. Willing to Pay for Good Answers

    100% clean record. Thank you for all the information. On the ticket it says I should arrive to court at 6:30 am, however the court doesn't even open until 8 am. The cops handwriting is so bad that I can't tell if it's 6:30, 8:30 or 9:30. What can I do?

  10. #10
    Join Date
    Sep 2005
    Location
    California
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    Default Re: 12500 (A) Infraction, I Need Your Help. Willing to Pay for Good Answers

    Quote Quoting Jon Mendez
    View Post
    100% clean record. Thank you for all the information. On the ticket it says I should arrive to court at 6:30 am, however the court doesn't even open until 8 am. The cops handwriting is so bad that I can't tell if it's 6:30, 8:30 or 9:30. What can I do?
    Call the court and ask.

    I suspect it's 8:30, but it wouldn't hurt to be at the courthouse early, anyway. Being early just wastes a little time. Being late can cause you to lose your license.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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