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  1. #1

    Default Foreign Licence, Resident in California

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

    I got stopped at a sobriety check point tonight. I'm driving using my UK licence though I am resident in CA. I hadn't had a drink and was one of the random selectees.

    Unfortunately I know very little about the Californian legal system and need some guidance and help. This is a first time offense for anything.

    They've impounded my car, and I have a citation for a misdemeanor.

    Firstly what is a misdemeanor? what are the possible implications of this? What are the realistic implications of this particular case?

    My court date is early next year, is it possible to get the license between now and then? What would that achieve?

    What are the insurance implications? My insurance company know I was driving on a foreign license and my premiums were adjusted to reflect this.

    What will happen at court?

    Should I get a lawyer or is that just increasing my costs for what may be a small fine?

    Is it worth fighting if it can be fought? It won't take much for them to find out how long I've been resident, which makes it significantly worse than a recent don't have a license.

    Basically I'm completely at a loss for what needs to be done/should be done. I don't want to hire a lawyer if it's not necessary, but if it's sensible to do so then how do I select one?

    The only thing that really sucks is the impounding of the car at the beginning of the weekend as I can't do a thing to get it back until Monday.

    Any and all help is appreciated. Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Foreign Licence, Resident in CA

    Once you became a resident of the state you were required to obtain a driver's license here.

    In theory the misdemeanor could mean jail up to 6 months ... in reality, it will likely be tried as an infraction, and could be dropped in its entirety if you can obtain a valid driver's license prior to the court date.

    Here is a link to obtaining a new license from the DMV:

    http://www.dmv.ca.gov/newtoca/newtoca.htm

    - Carl

  3. #3

    Default Re: Foreign Licence, Resident in California

    Thank you for your help.

    I know it's hard to suggest whether I need a lawyer or not but would it be better to get one or would it seem cut and dry to turn up with a new license?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Foreign Licence, Resident in California

    Quote Quoting jimmy macintosh
    View Post
    Thank you for your help.

    I know it's hard to suggest whether I need a lawyer or not but would it be better to get one or would it seem cut and dry to turn up with a new license?
    It never hurts to consult an attorney. But, it has been my experience that the court will dismiss the matter when/if you show up at court with a valid driver's license.

    - Carl

  5. #5

    Default Re: Foreign Licence, Resident in California

    Incredibly helpful, thank you.

  6. #6

    Default Re: Foreign Licence, Resident in California

    I just spoke to an attorney and he's put the fear of God into me. Of course I don't trust him at all now...he's talking jail time if I'm lucky and a huge fine (of course the fine is a little more than he would charge me.
    I'm more inclined to believe cdwjava, I would lose so much if I go to court and am convicted. So now I'm just worried.

    By the way, I've got my practical test in December.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Foreign Licence, Resident in California

    I can't imagine they'd toss you into jail for this. I have never seen that happen and canno imagine that would be the case. The attorney is likely trying to drum up business for himself. If you're concerned, consult a couple more local attorneys and see what they have to say. In the meantime, get that valid license.

    - Carl

  8. #8

    Default Re: Foreign Licence, Resident in California

    Well, they've decided to keep my car for the full 30 days. I wasn't told that I'm getting charged per day for it to be there, so I'm now looking at $1300 in costs just to get my car, the day of my driving test.

    I just feel like anything that can go against me is going against me. I'm getting more and more stunned at how this is turning out. I had a colleague who was caught DUI and I'm paying more for this than he did for that.

    I even had insurance that was elevated in cost to cover that I was using a foreign license. The only thing I didn't have was CA on the license.

    Just venting at the moment. Hopefully it won't go any further down hill than it already has.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Foreign Licence, Resident in California

    I'm not surprised about the 30 day hold ... though I would have thought it would cost more to get it out - you may have gotten off lucky, there.

    And your DUI friend WILL be paying more ... his insurance rates will rise, he will be paying fines and restitution for a long time to come, and he will have a prior criminal conviction. Yours is not nearly so severe.

    - Carl

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