Legal Question in Traffic Law in California

[Alleged unlicensed driver]

Hi!

I've go a ticket in CA recently and my car was towed at my cost, because of alleged misdemeanor of 12500 VC - unlicensed driver, i.e. driving on a foreign driving license. I completely disagree with this ticket, but need your advice how to proceed.

Here are the facts:

1. I'm on exchange visitor J visa in the US, with the intent to come back to my home country after the studies/research are finished (could be up to 4 years, depending on my performance).

2. According to CVC 12505, I don't meet any of listed evidences of being a resident in CA:

a) I don't vote in CA, but in my home country

b) I pay a NON-resident tuition fee at my university

c) I'm not filing a homeowners' property tax exemption (I'm renting a house here)a

3. According to CVC 12502.1 I can drive on my driving license issued in my home-country.

Personally, I think that paying the NON-resident tuition is the strongest argument, but I'd appreciate your advice.

Thanks a lot!


Asked on 10/18/10, 12:44 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I do these types of cases fairly often. You need to assemble proof that your home country is your permanent residence, such as voter registration records or proof of auto insurance. You do have an international driving permit, right? It helps to have a lawyer. I would be willing to represent you for a very. very low fee, and you would never have to go to court.

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Answered on 10/23/10, 12:52 pm


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