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Do I need to hire an attorney for this case?

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

Posted

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.

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3 comments

Asker

Posted

My question is, until I get my CA DL can I still possibly drive with my international one?

Slavik Steve Leydiker

Slavik Steve Leydiker

Posted

As long as you are a nonresident and you have a valid drivers license in the country where you are a resident, then probably yes. If your foreign international drivers license is valid, then probably.

Asker

Posted

Thank u for your quick response. I guess I will have to change my residency. Technically I still live in the Congo. I have a residence there. But my partner lives here.

Posted

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 simply by providing information here nor is one thereby formed without a written contract for that attorney's services.

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David Joseph Parsons

David Joseph Parsons

Posted

Oh and for the DUI, you probably should get an attorney. Shop around there are plenty of us that do this.

Asker

Posted

My question is, until I get my CA DL can I still possibly drive with my international one?

David Joseph Parsons

David Joseph Parsons

Posted

If you read 12505, if you are a resident of the foreign place that issued the license and have not manifested an intent to become a California resident, then you may continue to drive with the foreign license. However, if they find that intent to reside here, there is a rebuttable presumption of residency here in California whereupon you must have your CA license in ten days from when the intent became manifest. You can rebut this presumption by "satisfactory evidence that the licensee's primary residence is in another state" such as maintain a home there, etc. In other words, if they think you are really residing here, you need to get a license in 10 days from the date that residency became effective but if you can offer proof that you are still a resident of that foreign place, you do not need the CA license. It's trickier than you think. Please mark my responses as helpful, I put a lot of time into this. Thank you.

Asker

Posted

Thank u for your response. I kinda live in both place. My partner lives here and I still live in the Congo. And that's why I have the International DL. Besides the CA DMV wont allow me to get a CA DL. Tried a couple times. Maybe should talk to an immigration attorney as well.

Asker

Posted

Thank u for your response. I kinda live in both place. My partner lives here and I still live in the Congo. And that's why I have the International DL. Besides the CA DMV wont allow me to get a CA DL. Tried a couple times. Maybe should talk to an immigration attorney as well.

Asker

Posted

Thank u for your response. I kinda live in both place. My partner lives here and I still live in the Congo. And that's why I have the International DL. Besides the CA DMV wont allow me to get a CA DL. Tried a couple times. Maybe should talk to an immigration attorney as well.

Asker

Posted

Thank u for your response. I kinda live in both place. My partner lives here and I still live in the Congo. And that's why I have the International DL. Besides the CA DMV wont allow me to get a CA DL. Tried a couple times. Maybe should talk to an immigration attorney as well.

Asker

Posted

Thank u for your response. I kinda live in both place. My partner lives here and I still live in the Congo. And that's why I have the International DL. Besides the CA DMV wont allow me to get a CA DL. Tried a couple times. Maybe should talk to an immigration attorney as well.

Asker

Posted

Thank u for your response. I kinda live in both place. My partner lives here and I still live in the Congo. And that's why I have the International DL. Besides the CA DMV wont allow me to get a CA DL. Tried a couple times. Maybe should talk to an immigration attorney as well.

Posted

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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Posted

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

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Asker

Posted

My question is, until I get my CA DL can I still possibly drive with my international one?

Elliot Rahmim Zarabi

Elliot Rahmim Zarabi

Posted

No unless u have a restricted license

Asker

Posted

How can I apply for that?

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