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  1. #1

    Default Ticket for Failure to Present a Valid License, License is With a Government Agency

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

    Hi,
    My licence is at the homeland security for verification of my legal presence and recently I was pulled over by in Oregon. I was carrying my California issued state Id which has the same number as my temporary license. I gave the cop the id and he said they could not pull up my records and issued me a big fat ticket. I'm new to USA and I'm absolutely clueless what has to be done. Seeking some legal advice folks.

  2. #2
    Join Date
    Jan 2006
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    38,782

    Default Re: Ticket for Failure to Present a Valid License, License is With a Government Agenc

    well, if you do not have a license you are not supposed to drive and that means not only not having been issued one but physically one to carry with you. If your license was taken by a law authority they are supposed to give you a receipt which you use in place of the license if asked by a law authority.

    did ICE give you a receipt when they took your license?

    Given the fact Oregon could not find you in any database it suggests your California license was never actually issued by the state.


    You are not supposed to have an ID and a license on top of everything else. Since you have a state ID it suggests you do not have a valid California driver's license

  3. #3
    Join Date
    Mar 2013
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    17,274

    Default Re: Ticket for Failure to Present a Valid License, License is With a Government Agenc

    Quote Quoting Algorithm101
    View Post
    My question involves a driver's license issued by the State of: California

    Hi,
    My licence is at the homeland security for verification of my legal presence and recently I was pulled over by in Oregon. I was carrying my California issued state Id which has the same number as my temporary license. I gave the cop the id and he said they could not pull up my records and issued me a big fat ticket. I'm new to USA and I'm absolutely clueless what has to be done. Seeking some legal advice folks.
    I'm guessing that you were cited for ORS 807.570 Failure to carry or present license.

    http://www.oregonlaws.org/ors/807.570

    The good news is in Paragraph [3]:

    it is a defense to any charge under this section that the person so charged produce a license, driver permit or out-of-state license that had been issued to the person and was valid at the time of violation of this section.

    If your temporary CA license was issued before you got pulled over in Oregon you can go to court with it and get the citation dismissed.

  4. #4

    Default Re: Ticket for Failure to Present a Valid License, License is With a Government Agenc

    Thank you, I was cited for 807.010 as an Unlicensed driver. However I spoke to DMV california that my temporary paper licence can be used anywhere in the United states to drive. My cal state id and the paper licence have the same Licence number. Can I request for dismissal via mail by sending the photocopies of the ticket,paper licence and state id and get it dismissed.

    - - - Updated - - -

    I have a state ID and a valid paper licence issued from CAL DMV and they both have the same Licence number. I do not understand why my records never showed up. The ticket that I was issued was 807.010 as an unlicensed driver while I have a valid paper licence.

  5. #5
    Join Date
    Sep 2005
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    California
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    Default Re: Ticket for Failure to Present a Valid License, License is With a Government Agenc

    You can obtain a copy of your license from CA and maybe that will correct the matter. On the other hand, if you are a resident of Oregon than you are required to have an OR license so even a CA license won't help you.

    Your CA ID may have the same number as would be applied to your license, but it could also be that the paperwork had not yet been filed, or, your "license" was not complete. Perhaps it was a permit, perhaps they are waiting for some other paperwork, or perhaps you still had to take a written or actual driving test.
    **********
    Retired Cal Cop Sergeant & Teacher

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  6. #6
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    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Ticket for Failure to Present a Valid License, License is With a Government Agenc

    Quote Quoting jk
    View Post
    You are not supposed to have an ID and a license on top of everything else.
    That's not true at all. The DMV issues them all the time. I had both when I was in CA. My mother has had both when she was in CA. Lots of folks I know have both and they're both legitimate.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  7. #7
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    Default Re: Ticket for Failure to Present a Valid License, License is With a Government Agenc

    I'll have to find it later but what I had read was you cannot have both. It would be seen the same as having 2 drivers licenses as they are both primary forms of ID.

  8. #8
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    4,494

    Default Re: Ticket for Failure to Present a Valid License, License is With a Government Agenc

    You can't have 2 licenses or 2 ID cards, but you can have one of both. The DMV give no qualms whatsoever to issuing then either, so that would be news tonthem, but I can confirm with a friend of mine who is a supervisor at ine of the branches.

  9. #9

    Default Re: Ticket for Failure to Present a Valid License, License is With a Government Agenc

    I spoke to the DMV and they said my paper licence is issued on the basis of clearing the driving test successfully and I can drive anywhere in the USA with the valid paper licence.
    If I have to contest the ticket by mail what is the procedure can anybody help me with this please.
    If I contest the ticket by mail (Contest by trial) and submit a written letter along with suitable evidence (my state ID and Valid Paper licence) will the court clerk dismiss the case without having an actual trial?

    Thank you so much guys for helping me in all matters.

  10. #10
    Join Date
    Jul 2015
    Posts
    36

    Default Re: Ticket for Failure to Present a Valid License, License is With a Government Agenc

    You can also file a motion to dismiss when you send the letter and the evidence.

    I'm not a lawyer, however I have seen lawyers attach orders to _____ with their letters, so if you don't want to risk a trial being set, you could fill out an order to dismiss and ask the judge to sign it (in your letter).

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