Foreign Student Cited for Unlicensed Driving Despite Having a Valid Foreign License

[Highwayman]

So when in doubt, with no duty to check anything, the driver is in violation.

The officer checks as much as he can at the time of the stop. He determined that the student was in violation. End of story. It's up to the courts to decide. As Carl said, where he works the courts tend to favor the strict view that the students need CA licenses.

This is not only a California issue - it does happen in other states as well.

Intent to return "home" is certainly no indication of residency either. If someone moves to my state (NY) for 6 months, let's say, with the intent of returning home to California, he still needs a New York license during his stay here.

[cdwjava]

So in this case, a traffic stop on a foreign license that may or may not be valid, is assumed to be in violation of the CA statutes. So when in doubt, with no duty to check anything, the driver is in violation. Nice state you have there.

I don't know what the officer asked or what the OP said in reply. Neither do you.

And I never said there was no duty to check anything, only that we could NOT check visa and passport records, or foreign license info since there is no readily available database to do so. Licenses from other states, sure. Other countries, nope!

A cite without any supporting info would likely find itself quickly dismissed. So, hopefully, the officer has something to fall back on in his inquiry and the OP's responses. If not, then the OP would prevail ... unless he gets that CA license in which case the whole thing is moot.

[budwad]

The officer checks as much as he can at the time of the stop. He determined that the student was in violation. End of story. It's up to the courts to decide. As Carl said, where he works the courts tend to favor the strict view that the students need CA licenses.

This is not only a California issue - it does happen in other states as well.

Intent to return "home" is certainly no indication of residency either. If someone moves to my state (NY) for 6 months, let's say, with the intent of returning home to California, he still needs a New York license during his stay here.

How do you suppose the officer determined that OP was a resident of CA when he presented a foreign license? And as fare as returning to home, he was on an F-1 visa. All he had to do was say, "I am not resident of CA. I am on an F-1 visa." If the officer is too stupid to understand what that means, then perhaps CA ought to train their officers about what that means.

I don't know what the officer asked or what the OP said in reply. Neither do you.

And I never said there was no duty to check anything, only that we could NOT check visa and passport records, or foreign license info since there is no readily available database to do so. Licenses from other states, sure. Other countries, nope!

A cite without any supporting info would likely find itself quickly dismissed. So, hopefully, the officer has something to fall back on in his inquiry and the OP's responses. If not, then the OP would prevail ... unless he gets that CA license in which case the whole thing is moot.

Not quite moot. He is still facing the violation.

[Highwayman]

How do you suppose the officer determined that OP was a resident of CA when he presented a foreign license?

Uh, by asking questions?

[budwad]

You mean like when OP handed him a French driver's license and the officer said, "what is this" and OP responds, "I'm a foreign student here on an F-1 visa?

[cdwjava]

Not quite moot. He is still facing the violation.

It's a correctable offense. If he gets a CA license, there is only a $25 Admin fee to the court.

You mean like when OP handed him a French driver's license and the officer said, "what is this" and OP responds, "I'm a foreign student here on an F-1 visa?

Then there are further questions, such as "How long have you been here? Where do you live? How long have you been there? Where do you get mail? Do you have a job?"

Ad nauseum.

Oh, and the officer has no way to verify either the visa or the French driver's license.

If the court does not feel that the info the officer might testify to is sufficient, the court can dismiss it. The standard for a cite is probable cause, not absolute certainty.

[Nux]

I am going to fight it. There was absolutely no right from the officer to look at my driver's license and tell me "This is not valid here".

He said me that, I said I was just a student here and expected to leave in May. Also argued that I had an appointment to the DMV really soon (in the same afternoon in fact) to get a CA DL and fix my expired tags (first reason for him to pull me over, but that's irrelevant here).

After further researchs, it seems I'm not even able to have a CA DL if I already have a foreign driver's license, yet I'm getting one soon (already passed the written test).
I'm absolutely not a CA resident regarding to the law, and I have no intent to pay a single buck at the court.

I'll just show them 12505 12805 12502 from VC, and hope they'll clean that mess from my record.

Will the officer get a notice to tell him he was wrong? I don't want this to happen again to me or anyone, as it really ruined my day.

[Highwayman]

Don't be so quick to be assured of a win in court. Apparently you haven't read all of the previous comments in this thread.

[Nux]

I've read all the comments here.

How should I not be assured of a win? What could go against me? I mean, there is only one law, and as I'm not a legal CA resident, I'm not supposed to hold a CA DL (even if I can and will).

[Jim Kozlovich]

I am going to fight it. There was absolutely no right from the officer to look at my driver's license and tell me "This is not valid here".

Good for you, you are absolutely right; you do not need a California driver's license. One thing you need to be careful of is getting your California driver's license. I would suggest you don't do it. Vehicle Code 12805(a)(6) states:

(a)The department shall not issue a driver’s license to, or renew a driver’s license of, any person:

(6) Who holds a valid driver’s license issued by a foreign jurisdiction unless the license has been surrendered to the department, or is lost or destroyed.

You can legally get a CDL but you will have to surrender your French driver's license and I'm not sure that would be a good idea.

As far as the officer knowing the results, he would only know if there is a trial. However, I see no reason why the Commissioner/Judge wouldn't dismiss this at your arraignment.