Pulled over for expired out-of-state registration, was cited a misdemeanor for out-of-state DL. Can I get the charge lowered?
I eventually went back to my home state and renewed my license there, and I made plans to exchange it for a CA license once I returned. When I returned, my plans were delayed over time, and eventually I was pulled over. The officer looked up my record and saw I had an expired CA permit, so they wrote my ticket on the CA information and charged me with a misdemeanor for invalid license.
I’ve made a DMV appointment to exchange my license for CA, and I’m also registering my car for CA plates. The misdemeanor was written as “non-correctable.” Does this mean I can’t correct this even if I show my new DL? What are my chances of lowering the charge to an infraction for my first offense/ticket?
3 attorney answers
It depends on the judge and some other factors if you can get your charges reduced. However you are possibly looking at mandatory court appearances. I would speak with a lawyer to find out your best chances of getting your case reduced or even dismissed.
See the answers by Mr. Roberts and Mr. Flores, they are spot on.
And, take note that this is a very common situation that can go worse than it did for you. It may happen again, if you keep driving in this situation. I have had several clients who have had their vehicle impounded for this situation. Thus, if you keep driving, this could happen to you.
It is worth noting that there are certain areas (certain communities, police agencies, courts, etc.) where Driving Without a California Drivers License is treated as a more serious criminal charge than it should be. And, if you get a second "no license" ticket while you have one on your record, that increases the chances of more serious consequences in court and even less desire treatment by police.
So, of course, I recommend hiring an attorney to know how to navigate this situation for court and for the street.
Get your license and an attorney to deal with this. It really depends on the judge. This ticket can be reduced or dismissed.
ANDREW ROBERTS CRIMINAL, DUI AND TRAFFIC TICKET DEFENSE ATTORNEY- 40 YEARS EXPERIENCE