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  1. #1
    Join Date
    Mar 2010
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    3

    Default Driving Without a License and Speeding

    My question involves a speeding ticket from the State of: California.

    A friend of mine was stopped for speeding in California. He was charged with going 85 in a 70 mph zone.

    He was also charged with driving without a license which I understand is a misdemeanore in Califorina.

    My friend presented his valid Chinese drivers license. The officer charged him without having a license. My friend is back home in Shanghai and cannot appear in court to address this issue. I have a certified copy of his license with an English translation issued by the Republic of China. I would like to get this charge dismissed. I can mail the driver license information to the court in Victorville, California. What are the chances that the judge will dismiss the charge without the person appearing? He was driving his sister-in-laws car. Could she be held liable for anything in this case? Would it be best just to ignore the whole thing? I understand that a warrent will be issued for his arrest. I don't know if he is likely to visit the USA again. Any advice will be welcomed. Should I offer to pay the speeding ticket if the misdemeanor is dismissed? Of not say anything about that.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Driving Without a License and Speeding

    Are you an attorney licensed to practice in California?

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Driving Without a License and Speeding

    If he was charged with a misdemeanor (his copy of the citation would show whether it is a misdemeanor or an infraction), then he will either have to appear in court himself OR have an attorney appear on his behalf.

    This is not "your" citation so, legally, there is nothing you can do on his behalf.

    And yes, if it is a misdemeanor, then there is a good chance that sa bench warrant will be issued for his arrest if he fails to appear and/or pay the fine(s).

  4. #4
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Driving Without a License and Speeding

    Quote Quoting cyjeff
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    Are you an attorney licensed to practice in California?
    No I am not. I have some legal experience as a layman in corporations.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Driving Without a License and Speeding

    Was he a student or employed here prior to - or at the time of - the stop? It is possible that China is not considered to have licensing standards equivalent to that of California. However, this is an issue that you cannot address on your friend's behalf, only your friend or an attorney representing him can do so.

  6. #6
    Join Date
    Mar 2007
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    9,096

    Default Re: Driving Without a License and Speeding

    Quote Quoting ASerialPoet
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    No I am not. I have some legal experience as a layman in corporations.
    Then you cannot participate in this matter.

  7. #7
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Driving Without a License and Speeding

    Quote Quoting cdwjava
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    Was he a student or employed here prior to - or at the time of - the stop? It is possible that China is not considered to have licensing standards equivalent to that of California. However, this is an issue that you cannot address on your friend's behalf, only your friend or an attorney representing him can do so.
    This was his first and only visit to the United States. He was here on a tourist visa for one month. There is no doubt that licensing standards in China are equal to those of California. I thought I could send the documentation I have that shows he was a licensed driver at the time he was stopped. I thought that the judge should dismiss the charge in the interest of justice since this would prove that he did possess a valid drivers license.

  8. #8
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Driving Without a License and Speeding

    Quote Quoting ASerialPoet
    View Post
    This was his first and only visit to the United States. He was here on a tourist visa for one month. There is no doubt that licensing standards in China are equal to those of California. I thought I could send the documentation I have that shows he was a licensed driver at the time he was stopped. I thought that the judge should dismiss the charge in the interest of justice since this would prove that he did possess a valid drivers license.
    Unfortunately, the driving without a license charge will almost certainly be a mandatory appearance, and unless your friend is planning on never coming back to US, the best bet is to hire a local attorney who can appear on his behalf, submit the licensing information into evidence, and plead out the speeding charge.

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