Legal Question in Criminal Law in California

i got stopped for going 68 in a 45 around september, and when i was asked for my license, i showed my international license which was valid for a year but i was told that according to state law in california, i only had 10 days to get a US license. I honestly did not know that it was not valid, but the cop gave me an infraction for speeding and a misdemeanor for driving without a license. he also impounded my car. i thought he told me i did not have to go to court, so i missed my court date, but now i found out that it is a requirement to go for misdemeanors. I must have misunderstood him, but now i might have a warrant for my arrest and some hefty fees. All i want is to change my misdemeanor into an infraction, but i want to know how risky it'll be to plead not guilty and blame it on lack of intent and what the general probability of the outcome is before i reschedule a court date.


Asked on 12/29/10, 7:23 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The police had no business arresting you or impounding your car if you maintain a residence in another country. You should have read the ticket which told you of your obligation to appear. I have beaten many charges like this one, generally you should be able to show that you vote, have auto insurance, a residence, a phone bill, etc. in your home country.

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Answered on 1/04/11, 6:32 am
Edward Hoffman Law Offices of Edward A. Hoffman

If you moved to California but failed to get a new drivers license then you are guilty, even if you genuinely believed you could still use your old license. You need not know you are breaking the law in order to break it.

I agree with Mr. Stone that you should get a lawyer to help you contain the damage. You may even be able to negotiate your offense down to an infraction, but you will need competent counsel.

Good luck.

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Answered on 1/04/11, 11:05 am
Terry A. Nelson Nelson & Lawless

Your only option is to appear in court, with or without an attorney. Get an attorney if you don't understand the process and how to defend yourself against a professional prosecutor trying to put you in jail. While this isn't a 'capital case', you risk jail and fines, so handle it right. Either you�ll negotiate a plea bargain at one of the hearings you face, or you'll go to trial. If you don't already know the answer to that question, you're definitely going to need legal help defending against the charges. You're going up against an experienced and professional prosecutor whose job is to put you in jail. If this is in SoCal courts, and if you're serious about getting legal help, feel free to contact me.

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Answered on 1/04/11, 11:50 am


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