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  1. #1
    Join Date
    Jul 2014
    Posts
    5

    Default Court Appearance Required Despite Proof of Valid Out-of-State License

    My question involves a traffic ticket from the state of: CA, unlicensed driver
    I submitted a TBD because I did have a valid out of state license at the time I was stopped, but when the CHP checked it online, they couldn't confirm its validity. I sent in a TBD with proof that my license was valid at the time citation was used and paid my fees including a fix-it transaction fee; plus had to correct spelling of my name and birthdate. I received my fix-it transaction fee check back via mail - why? And what does this status mean (that I saw online):

    Initial due date: 7/25/2014
    Case Status: Court
    Disposition: 7/9/2014
    Last Action: All other
    Last Action/New Appearance Date: 8/15/2014 in TBD

    Wouldn't proof that I actually had a valid license dismiss this case? Thanks for any good news you can give me....

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Returned Check and Status of Citation

    Not if you have been a CA resident or met other specific criteria requiring a CA DL switch.

  3. #3
    Join Date
    Jul 2014
    Posts
    5

    Default Re: Returned Check and Status of Citation

    unfortunately, I had to choose between one state or the other, so I chose the other.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Returned Check and Status of Citation

    You don't get to "choose." If you reside in California, you need a California license.

  5. #5
    Join Date
    Jul 2014
    Posts
    5

    Default Re: Returned Check and Status of Citation

    thanks - do you think I will have to appear in court or will my TBD result in my having to get a CA DL and I'm done? I just wasn't sure what the following line items meant:
    Case Status: Court
    Disposition: 7/9/2014
    Last Action: All other
    Last Action/New Appearance Date: 8/15/2014 in TBD
    Thanks!

    - - - Updated - - -

    Also, would anyone know why my fix it ticket transaction fee, $25, would have been returned? It was part of the requirements listed on my citation notice. thanks.

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Returned Check and Status of Citation

    You can't do a TBD and request a dismissal of the ticket at the same time. Since you wanted the ticket to be processed as a TBD, then that's what they're going to do.

  7. #7
    Join Date
    Jul 2014
    Posts
    5

    Default Re: Returned Check and Status of Citation

    thanks. so I will have to wait until after 8/15 when the judge will read by TBD and hope they will dismiss it? could they rule that I will have to get a CA DL as part of dismissing the ticket? I'm still not sure why they returned my fix-it fee check.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Returned Check and Status of Citation

    They returned your correctable amount because you were supposed to remit the full fine. IF you get a CA license by the time you go to court, THEN you can pay the corrected fee (if the court permits it).

    What code section were you cited for VC 12500(a)? Keep in mind that as you were told, CA state law requires a resident to have a CA license. If you have some kind of dual residency, you had best be ready to convince a court that this is a valid excuse to maintain a license in that other state and that is the state whjere you pay income taxes, have a primary residence, etc. That will probably not be done by TBD.

  9. #9
    Join Date
    Jul 2014
    Posts
    5

    Default Re: Returned Check and Status of Citation

    I paid both fine amounts in separate checks, per the court. The check for the correctable amount was returned.

    It was a 12500a. It just so happened that my out of state DL was valid, but when the officer checked his vehicle computer it was not confirming it. The TBD includes proof that the DL was indeed valid at the time I was stopped. I'm hoping that addresses the violation. I am hoping the judge will rule in my favor for that.

    Would the court give me a citation for not having a CA DL and continue my case or open a new one? Thank you for providing me with your feedback as I don't have anyone at the courts I can seek answers from.

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Returned Check and Status of Citation

    Once again, you can be cited for VC 12500(a) if you are a CA resident and have no CA license. It would not matter a whit that you had a valid license from another state. If you are required to have a CA license, you must have it. If the officer cited you for being a resident without a CA DL then you are probably toast and your TBD simply affirmed this fact. If the officer decided you were a tourist or visitor and cited you solely because he could not confirm a valid out of state license, and you submitted proof of a valid out of state license (NOT a picture of your license because that does not prove anything), then you may be okay.

    The court cannot issue another citation. The court will rule on your TBD and you will be notified, If you lose, you will have the option for a trial de novo and can go personally to court.

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