Legal Question in Traffic Law in California

Hello, I was stopped by policeman in a Freeway and I had just international drivers license, but I'm resident of California (I have been leaving here more than 1 year). Policeman gave me a ticket vc12500(a) - driving without valid driver license. Amount of fine is $401. And it's marked "M" - Misdemeanor. After that I got courtesy notice and called to court and clerk told me it was filed as infraction, NOT Misdemeanor. I received recently California Drivers License and sent a copy to the court. Court sent me a letter which confirms that type of my violation is Infraction, NOT misdemeanor and they could reduce amount of fine to $202. Clerk also told me via phone that no point for this violation, because it's not movable and I would not have this violation on my record if I paid them $202. Clerk also told me if I came to the court house it should be the same result, they would cut my fine up to $202 and they would not dismiss it because I did not have my California License the day I was stopped. My questions is:

1) Can I be sure if I pay $202 - I will NOT have Misdemeanor based on the document court sent which says it's infraction ? (Misdemeanor may affect on my immigration status)

2)Can I believe to clerk that I would not have any points and I would not have it on my record.? (She told me that via phone)

3)Is it make any science for me to setup a court day and come to the court instead of pay $202 via phone ? (Court House is more than 1 hour drive from me and clerk told me I would have to come 2 times in this case 1st - select not guilty, 2nd - fight for the ticket) It's Tulare County if it's important


Asked on 10/07/15, 9:05 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

A 12500 is not a point on your record. It is a charge that can be either a misdemeanor or an infraction.

With all due respect to whoever you spoke with on the phone, if you want to be positive that it is an infraction, go to court and see the judge. If it is an infraction, you can pay the fine and be done. Ask the court clerk for a copy of the minute order to confirm it was an infraction you plead to and keep that paperwork for immigration purposes.

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Answered on 10/07/15, 9:29 pm


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