Out-of-State Driver's License Citation Help (Los Angeles: leasing, vehicle registration, houses)

[mtcobb03]

I moved to Los Angeles a few months ago and was unaware that you had to get a CA driver's license within ten days of establishing residency. I was stopped by an officer and received a ticket and a court date for driving without a valid CA license, which is a misdemeanor. Since then, I've had some health problems and I moved back home (to KY) to get treatment here where it's more convenient and accessible to me (my mom's a doctor so I'm able to get a lot of free access to medical care here). So now, my court date is approaching and I'm not sure what to do. I really can't afford to fly back to LA to fight the ticket. I'm not longer living in CA, so is there any way to get the citation dismissed, or any way to handle this without appearing in court? I really don't want a misdemeanor on my record, and I'm afraid there could be consequences with the DMV here at home. Thanks in advanced for any help!

[ladoll]

Is there a number you can call on the ticket? What does the ticket itself say? It may be that you can just mail the payment in and not have to appear in court, but I don't want to say that is definite. I don't think you're going to get the citation dismissed just because you left California.

[Chichappens]

what if your just Visiting the state for a few weeks... why does one have to change there lic so quick

[cricket_factor]

Call the courthouse where you're supposed to appear and talk to a clerk in the division where your ticket would be (you can tell whoever answers the phone what you were cited for and they can direct you from there.). Maybe you can get an extension of time on the ticket - maybe you can pay it from Kentucky, or maybe you can write a letter to the judge explaining your situation and it may be taken under submission.

All courthouses are different and the times they start answering the phones is different, too. You could go online tonight and check the court website to see if they list the times clerks answer the phones during Monday through Friday.

[Charles]

The question I have is, did the original poster technically establish residency?

From

Driver License and Identification (ID) Card Information


Driver License and Identification (ID) Card Information

"If you are a visitor in California over 18 and have a valid driver license from your home state or country, you may drive in this state without getting a California driver license as long as your home state license remains valid."

and

"If you become a California resident, you must get a California driver license within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner’s property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents."

[Nayabone]

Originally Posted by Chichappens

what if your just Visiting the state for a few weeks... why does one have to change there lic so quick

You don't need a license if you're just visitng, but you do if you establish residency. The OP stated he had moved here, so he needed a license. If you have a local job and a place to live, you have established residency...!

[Charles]

Originally Posted by Nayabone

If you have a local job and a place to live, you have established residency...!

I found this on some other web page:

CVC Section 516. "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.
The following are evidence of residency for purposes of vehicle registration:

(a) Address where registered to vote.
(b) Location of employment or place of business.
(c) Payment of resident tuition at a public institution of higher education.
(d) Attendance of dependents at a primary or secondary school.
(e) Filing a homeowner's property tax exemption.
(f) Renting or leasing a home for use as a residence.
(g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.
(h) Possession of a California driver's license.
(i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

[ladoll]

Originally Posted by Chichappens

what if your just Visiting the state for a few weeks... why does one have to change there lic so quick

As others mentioned, moving here means you are establishing residency. I have no idea why California requires you to change your license and registration in ten days after moving here, but they do. That information is easily accessible on the internet and it took me less than five minutes to find the requirements: Driver License and Identification (ID) Card Information

I'm not trying to be a jerk. I don't know the circumstances of your getting the ticket, nor can I tell you how the police officer could tell. Obviously, they figured you out and you got the ticket.

[ladoll]

Originally Posted by Charles

I found this on some other web page:

CVC Section 516. "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.
The following are evidence of residency for purposes of vehicle registration:

(a) Address where registered to vote.
(b) Location of employment or place of business.
(c) Payment of resident tuition at a public institution of higher education.
(d) Attendance of dependents at a primary or secondary school.
(e) Filing a homeowner's property tax exemption.
(f) Renting or leasing a home for use as a residence.
(g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.
(h) Possession of a California driver's license.
(i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

This person was here for a few months, how many is unknown. Something tells me they were renting a place to live, which falls under category F. They possibly also had a job, which falls under category B. I don't think you have to meet ALL of those requirements, as not everyone moves to California to go to school.

[Charles]

Originally Posted by ladoll

This person was here for a few months, how many is unknown. Something tells me they were renting a place to live, which falls under category F. They possibly also had a job, which falls under category B. I don't think you have to meet ALL of those requirements, as not everyone moves to California to go to school.

Yep.

Poor guy, our original poster.


(public domain image)