Do I need to hire an attorney for this case?

Asked about 2 years ago - Los Angeles, CA

I live in CA and I was pulled over by a cop without any apparent reason.
I was driving with a foreign international DL. He gave me a citation to appear in court. And on top of that he added that I was using my cellphone while driving, and by the way that statement is absolutely false. My car has Bluetooth technology.
Trying to get my CA DL. But in the mean time, can I still drive with my international DL?
Is my car flagged?

Alain.

Attorney answers (4)

  1. Slavik Steve Leydiker

    Contributor Level 15

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    Best Answer
    chosen by asker

    Answered . Possibly. My colleague provided you with the relevant statutes. You can only be domiciled in one place, so I you are a resident of California, you're no longer a resident of a foreign jurisdiction and, hence, not permitted to driver without a valid CA driver's license. As far as the ticket, it's an infraction. You can plead no contest and pay the fine, which will probably be reduced if you appear at court. Conversely, you can fight the ticket. If you choose the latter, I suggest you speak with a traffic attorney. Good luck.

    My comments are provided for general information purposes only. Nothing on this or associated pages, documents,... more
  2. David Joseph Parsons

    Contributor Level 10

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    Answered . Consider the California Vehicle Code 12502:

    "12502. (a) The following persons may operate a motor vehicle in
    this state without obtaining a driver's license under this code:
    (1) A nonresident over the age of 18 years having in his or her
    immediate possession a valid driver's license issued by a foreign
    jurisdiction of which he or she is a resident, except as provided in
    Section 12505."

    Then 12504:

    "12504. (a) Sections 12502 and 12503 apply to any nonresident over
    the age of 16 years but under the age of 18 years. The maximum period
    during which that nonresident may operate a motor vehicle in this
    state without obtaining a driver's license is limited to a period of
    10 days immediately following the entry of the nonresident into this
    state except as provided in subdivision (b) of this section."

    12505 covers residency:

    "12505. (a) (1) For purposes of this division only and
    notwithstanding Section 516, residency shall be determined as a
    person's state of domicile. "State of domicile" means the state where
    a person has his or her true, fixed, and permanent home and
    principal residence and to which he or she has manifested the
    intention of returning whenever he or she is absent."

    Please check out the link below because there are a lot of ways prima facie residency is established. I think you need to read this code section and get your license ASAP. If they didn't cite you for driving without a license this time, they might next time.

    For informative purposes only. The attorney does not contemplate an attorney/client relationship being formed... more
  3. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

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    Answered . We're you also cited for driving without a license? If so police in LA usually cite you with a misdemeanor and if that's the case you should definitely get an attorney.

    Elliot Zarabi
    Www.FreeCriminalConsultation.com
    213-612-7720

  4. Ted Harvatin

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The only valid international license is a certification from another country that you hold a valid license there. If you bought one of those International Licenss over the Intrenet you wasted your money. It has to be backed up by a legitimate foreign license.

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