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12500 (a) CVC infraction, with a valid French Driver license. Can I still drive until to get my California driver license ?

Carlsbad, CA |

Hi,
I'm French, on M-1 Visa and here for 6 months.
I bought a car a month ago and I have a Valid French Driver License.
Yesterday, I blew a stop sign...
And the Police officer gave me a ticket with :
22450 (a) CVC infraction
12500 (a) CVC infraction
As my car wasn't impounded,
I'd like to know if I can still drive until I'll get my California driver license ?
Thank you.

Attorney Answers 2

Posted

No. Your French licence is not valid after a month. Time enough to apply for a California license.Get your California Driver's License and be grateful you did not get a misdemeanor. Bonne Chance!!

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Asker

Posted

Hi Sir, thank you for your quick answer ! But, I still don't understand why they let me drive after I got the ticket, if I can't drive now... Are you sure that I can't even drive until the "date to appear in court" ?

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

There is a difference between being able to drive and obeying the law. Yes, you can drive, but if you get caught , you will be issued another citation. Au revoir!!

Asker

Posted

Ok... Thank you for your quick answer again !

Asker

Posted

I did some research, and I found on the "DMV California Driver Handbook" some answer: When you become a California resident and you want to drive in California, you must apply for a California driver license within 10 days. (And not 1 month as you told me) Residency is established in a variety of ways, including the following: • Being registered to vote in California elections. • Paying resident tuition at a California college or university. • Filing for a home owner’s property tax exemption. • Receiving any other privilege or benefit not ordinarily extended to nonresidents. Adults visiting California: Visitors over 18 years old with a valid driver license from their home state or country may drive in California without getting a California driver license as long as their home state driver license is valid. (and not just a month as you told me) Minors visiting California: Visitors between 16 – 18 years old may drive with their home state driver license for only 10 days af- ter arriving in California. After 10 days, they must have a: • Current California driver license, or • Nonresident Minor’s Certificate (which is issued by DMV) to a minor with proof of financial responsibility. Anyway, I'm 22 years old, paying a rent for a room in a house And I follow some Pilot Training. I do not vote in California elections I do not paying resident tuition in a college or university I do not receiving any other privilege or benefit not ordinarily extended to nonresidents (I think so) And I do not filing for a home owner’s property tax exemption. So... I don't know exactly what makes me a "resident" ? Am I just a "adult visiting California" ? Thanks for reading ! Hope to hear from you.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

If you were an ordinary tourist, passing by or just visiting around, you could qualify as "not receiving any other privilege or benefit not ordinarily extended to nonresidents. But you have rented an apartment,, you are getting pilot training, these two things alone are not ordinarily extended to non-residents. Additionally, you are here under an M-1 Visa. That is a vocational education visa. It has certain requirements and benefits not ordinarily granted to an ordinary tourist.. As a matter of fact, after 9/11, if you were of middle eastern descent, by now you would have been flagged by homeland security. Technically, you are not a resident however, you are behaving as if you were one. I am glad you found out that it takes only 10 days to apply for a driver's license when you move to California and not a month. You seem to be more resourceful than the average consumer. Most people take about 30 days and get a ticket before they realize that they have to get their license. It seems as if you are ready to go in front of the Judge now and fight your citation. Take a copy of your valid French License and act respectful and truly repentant and you just might get your 12500 (a) dismissed. I doubt you will get the other citation dismissed.

Posted

You need to get a California driver's license within 30 days of your arrival, so you are already past due and need to get that done ASAP before driving your car anymore! Make sure you also have at least the minimum required automobile insurance to cover the property damage or total loss to your car and any other car(s) as well as at least the minimum for third party liability, I also strongly recommend uninsured and underinsured motorist coverage in the event you are in an accident with an uninsured or underinsured driver and it is their fault.
In order to drive in California, you must have a valid California license. The International Driver’s License issued in other countries is not valid in California. While tourists can drive with the license from their home country, students are considered by the Department of Motor Vehicles to be residents, and therefore are not eligible to use their home country license.

To obtain a California Driver’s license, you must pass written and driving tests. The written test is based entirely on the California Driver’s handbook. Free copies of the handbook are available at the Department of Motor Vehicles Office. While the handbook is available only in Spanish and English, the written test is available in many languages. After passing the written test, you may make an appointment to take the driving test. You will have three opportunities to pass each test – written and driving. You will need to provide a car for the driving test. To apply, visit the Department of Motor Vehicles Office at 500 Cohasset Lane (number 1 or 2 bus routes). There is a $24.00 application fee. You will need your passport and a social security number (or a letter from the social security office that you are not eligible for a social security number).

Auto Insurance: California Compulsory Financial Responsibility Law requires that an owner of a motor vehicle have an Auto Insurance policy. It must cover at the minimum, $15,000 for personal injury or death; $30,000 for multiple injuries or deaths; and $5,000 for property damage.

Safety belts: The Private Passenger Motor Vehicle Safety Act of January 1986 requires drivers and passengers in a passenger vehicle to use safety belts. The driver may be fined for the first offense and the fine increases thereafter. A passenger 16 years of age or older, if unbelted, may be cited. Infants and small children may be transported in cars only when the appropriate restraint devices are used. Failure to provide this protection will result in a heavy fine.

Helmet: The law requires that both operators and passengers on motorcycles and motorized scooters wear proper safety helmets on their heads.

Alcohol, Drugs and Driving: Drunk driving is a leading cause of accidents and deaths in this country. Therefore, there are very strict laws which must be observed if one decides to operate motorized vehicles or bikes.

Implied Consent Law: When you drive in California, you agree to submit to a test of your blood, breath, or urine if arrested for driving under the influence of alcohol or drugs. If you refuse or fail to complete the test, you will lose your license, whether or not you were under the influence. If you are convicted you may be sentenced to 96 hours in jail in addition to a fine up to $1000. Also you will lose your driving privileges for six months. The court may also take away your vehicle for 30 days. You will pay for the storage of the vehicle.

Open container: You must not carry on you or in the car, an open bottle, can or container with any alcoholic beverage in it. A container of liquor, beer or wine carried in a vehicle must be full, sealed, and unopened. Otherwise, it must be put in the trunk or a place where passengers cannot access it. Please read the California Driver Handbook.

Cellular Phones: In the State of California, it is illegal to use a cellular phone while driving, unless you use a hands-free device. Drivers under the age of 18 may not use a cellular phone.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Great answer!!

Asker

Posted

Hi, Thank you for your answer. • About the time needed to get the California Driver License, I found on the DMV California Driver Handbook of 2012 : "When you become a California resident and you want to drive in California, you must apply for a California driver license within 10 days." (And not 30 days) • About if I'm a resident or not, I found on the same Handbook : "Residency is established in a variety of ways, including the following: - Being registered to vote in California elections. - Paying resident tuition at a California college or university. - Filing for a home owner’s property tax exemption. - Receiving any other privilege or benefit not ordinarily extended to nonresidents." M. Manuel Alzamora Juarez said, and I quote: "You have rented an apartment, you are getting pilot training, these two things alone are not ordinarily extended to non-residents. Additionally, you are here under an M-1 Visa. That is a vocational education visa. It has certain requirements and benefits not ordinarily granted to an ordinary tourist.. As a matter of fact, after 9/11, if you were of middle eastern descent, by now you would have been flagged by homeland security. Technically, you are not a resident however, you are behaving as if you were one. (...) Take a copy of your valid French License and act respectful and truly repentant and you just might get your 12500 (a) dismissed." And, I found on the DMV, this sentence: " "Resident" means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency." So... I find my situation a little bit fuzzy... As my M1 Visa is just Temporary, for 6 months. But, I will passed my California Driver License. This is the easiest way to don't have any problems ! Thank you for reading.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

A bon entendeur!!!.....

Constantine D. Buzunis

Constantine D. Buzunis

Posted

As you have purchased a car and are intending to drive here for six months on an M1 Visa I am fairly certain the DMV requires you to obtain a California Driver's License. If you want to verify the need, check with the DMV Office in your area beforehand? Bonne Chance, don't forget to study and no bashing our California Wines! Remember the Judgment of Paris 1976! (lol)

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

JE SUIS EN ACCORD, SALUT MON AMI!!

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