In a really sticky bind and i need some advice

[Martin + Amie 0]

they are supposed to tell you...did u ask when they pulled you over...sounds like just rotten luck...

Not a word was said. The only words that came out of his mouth after the sobriety test were "Your under arrest on suspicion of DUI". Another thing that didnt happen is that i am supposed to be read the "miranda laws" according to a few web sites. All they said was that i could have a phone call and that was it.

[desert_fox 32]

The police report will tell you why they had probable cause to pull you over. I know of two ppl that have had their charges dismissed by showing at trial that what the cop wrote in the police report was not possible. I remember my brother was one, where the cop said that he was weaving back and forth 12 feet...and he was drunk also for a fact. He had a lawyer, they took photos of the location where the cop saw him weaving, and it was not possible to weave back and forth 12 feet. The judge supressed all the evidence including the blood report, the DA quickly asked for a dismissal...

Lawyer can get a copy of the police report.

[Martin + Amie 0]

The police report will tell you why they had probable cause to pull you over. I know of two ppl that have had their charges dismissed by showing at trial that what the cop wrote in the police report was not possible. I remember my brother was one, where the cop said that he was weaving back and forth 12 feet...and he was drunk also for a fact. He had a lawyer, they took photos of the location where the cop saw him weaving, and it was not possible to weave back and forth 12 feet. The judge supressed all the evidence including the blood report, the DA quickly asked for a dismissal...

Lawyer can get a copy of the police report.

Thanks for the advise. I was told by the police station that i couldnt not get a copy of the police report until the initial court date which leads to my second question. Does anyone know if on the initial court date i need to enter a plea? I am under the impression from what i have been told by the police and other sources that they havent decided whether they are charging me yet and thats what this initial hearing is for. Does anyone know if i will need to enter into a plea?

Also, does anyone know if i need to file a court date with the DMV even though i dont have a california driving license?

Thanks for all your help on this matter.

[Nanusia & Lukaszek 0]

"California does recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident."

http://www.dmv.ca.gov/dl/dl_info.htm#international

Cal Veh Code § 12505(e)::

Subject to Section 12504[Nonresident minors], a person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver's license issued to him or her by any other foreign jurisdiction having licensing standards deemed by the Department of Motor Vehicles equivalent to those of this state, may operate a motor vehicle in this state without obtaining a license from the department, except that he or she shall obtain a license before being employed for compensation by another for the purpose of driving a motor vehicle on the highways.

Just a small note to the above. I think there is a time limit on how long they let you go on the foreign drivers license.

I did some more research, and I stand corrected to the above post. I think they can't get you for the lack of a license per the following:

"Foreign Driver's License Holders - California

If you already possess a valid driver license issued by another state DMV or another country, you are legally allowed to drive in California until your license expires or you become a resident. If you qualify for California residency, you are required to obtain a California drivers license within ten days. In order to be eligible for a California license, you will be required to visit your local Department of Motor Vehicles office and pass the traffic laws and signs examination. If you possess a license issued by another country, you will also be required to take a driving test. If your license was issued by another state, you will probably be able to avoid the on-road test."

http://driversed.com/DMV/california-foreign-drivers.aspx

So as long as your UK drivers license is valid, I believe they cant press you on that one.

Hope this helps.

[athena_ny 1]

edited

Edited December 14, 2007 by meow mix

[Jengles 0]

edited

thanks cause there has been a lot floating around here lately..

[Martin + Amie 0]

"California does recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident."

http://www.dmv.ca.gov/dl/dl_info.htm#international

Cal Veh Code § 12505(e)::

Subject to Section 12504[Nonresident minors], a person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver's license issued to him or her by any other foreign jurisdiction having licensing standards deemed by the Department of Motor Vehicles equivalent to those of this state, may operate a motor vehicle in this state without obtaining a license from the department, except that he or she shall obtain a license before being employed for compensation by another for the purpose of driving a motor vehicle on the highways.

Just a small note to the above. I think there is a time limit on how long they let you go on the foreign drivers license.

I did some more research, and I stand corrected to the above post. I think they can't get you for the lack of a license per the following:

"Foreign Driver's License Holders - California

If you already possess a valid driver license issued by another state DMV or another country, you are legally allowed to drive in California until your license expires or you become a resident. If you qualify for California residency, you are required to obtain a California drivers license within ten days. In order to be eligible for a California license, you will be required to visit your local Department of Motor Vehicles office and pass the traffic laws and signs examination. If you possess a license issued by another country, you will also be required to take a driving test. If your license was issued by another state, you will probably be able to avoid the on-road test."

http://driversed.com/DMV/california-foreign-drivers.aspx

So as long as your UK drivers license is valid, I believe they cant press you on that one.

Hope this helps.

This is fantastic news, however i am unclear on one thing. The paragraph contains the text "If you qualify for California residency, you are required to obtain a California drivers license within ten days". Do i qualify for California residency if i am awaiting approval for AOS? Or does this sentence mean, WHEN I AM APPROVED RESIDENCY i have 10 days to get one?

[sereia 0]

In CA, the cops need to have probable cause to pull you over in the first place. Driving 34 MPH in a 35 MPH zone is not probable cuase. Why did they stop you??? The judge will throw it out at trial time, if you go to trial, if he finds that the cop did not have probable cause.

They do it anyway. Did they write on the ticket you were going 34? Or do you just assume you were going 34? They could have said you were swerving or something that made them suspicious of you being drunk. I've known countless people (myself included) who were pulled over for no reason. They'll make up something to show they had the probable cause.

I agree, i know for a fact that they are going to lie and make something up. They DID NOT tell me what they pulled me over for when they did. I was doing 35 because i pulled out of a motel parking lot into the road and barely put my foot on the gas when i looked in the mirror and saw them right behind me. Once i saw them i accelerated to 30-34mph because i have heard that you can get pulled over for driving TOO SLOW!!!!! So i figured i should be near the speed limit. The cops and I saw each other as I pulled out of the motel, its not like i didnt see them straight away and swerved lanes, we made eye contact as soon as i pulled out of the drive way and they couldnt have seen me beyond that point because i was in front of a large motel. The only time they saw me was when i pulled out of the driveway.

I dont know if I mentioned this before but a law firm that i spoke too that operates across the road from the police station i was detained at asked me which officer arrested me? I said the officers name and instantly the laywer on the phone said "#OFFICE# was shot three years ago and has been a loose canon ever since.". This confirms that i have the worst luck as i was pulled over by an angry bully with a chip on his shoulder.

not surprising at all for this area...i'm sorry you were caught up in it so soon after your arrival! i was pulled over the exact same way. we just got in the car and within 30 seconds they pulled us over. no reason whatsoever.

Edited December 14, 2007 by sereia

[Jengles 0]

I don't think awaiting approval qualifies you as a resident.

[Martin + Amie 0]

I don't think awaiting approval qualifies you as a resident.

What I am thinking is that since i came in legally and have done everything legally so far, K1, AOS, i am "entitled" to seek residency?

[Nanusia & Lukaszek 0]

"California does recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident."

http://www.dmv.ca.gov/dl/dl_info.htm#international

Cal Veh Code § 12505(e)::

Subject to Section 12504[Nonresident minors], a person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver's license issued to him or her by any other foreign jurisdiction having licensing standards deemed by the Department of Motor Vehicles equivalent to those of this state, may operate a motor vehicle in this state without obtaining a license from the department, except that he or she shall obtain a license before being employed for compensation by another for the purpose of driving a motor vehicle on the highways.

Just a small note to the above. I think there is a time limit on how long they let you go on the foreign drivers license.

I did some more research, and I stand corrected to the above post. I think they can't get you for the lack of a license per the following:

"Foreign Driver's License Holders - California

If you already possess a valid driver license issued by another state DMV or another country, you are legally allowed to drive in California until your license expires or you become a resident. If you qualify for California residency, you are required to obtain a California drivers license within ten days. In order to be eligible for a California license, you will be required to visit your local Department of Motor Vehicles office and pass the traffic laws and signs examination. If you possess a license issued by another country, you will also be required to take a driving test. If your license was issued by another state, you will probably be able to avoid the on-road test."

http://driversed.com/DMV/california-foreign-drivers.aspx

So as long as your UK drivers license is valid, I believe they cant press you on that one.

Hope this helps.

This is fantastic news, however i am unclear on one thing. The paragraph contains the text "If you qualify for California residency, you are required to obtain a California drivers license within ten days". Do i qualify for California residency if i am awaiting approval for AOS? Or does this sentence mean, WHEN I AM APPROVED RESIDENCY i have 10 days to get one?

I don't believe you qualify for residency until you have a GC or EAD (since the I-94 is expired). That's why I think you were legit on the UK drivers license (as long as the UK one is still valid).

[Martin + Amie 0]

"California does recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident."

http://www.dmv.ca.gov/dl/dl_info.htm#international

Cal Veh Code § 12505(e)::

Subject to Section 12504[Nonresident minors], a person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver's license issued to him or her by any other foreign jurisdiction having licensing standards deemed by the Department of Motor Vehicles equivalent to those of this state, may operate a motor vehicle in this state without obtaining a license from the department, except that he or she shall obtain a license before being employed for compensation by another for the purpose of driving a motor vehicle on the highways.

Just a small note to the above. I think there is a time limit on how long they let you go on the foreign drivers license.

I did some more research, and I stand corrected to the above post. I think they can't get you for the lack of a license per the following:

"Foreign Driver's License Holders - California

If you already possess a valid driver license issued by another state DMV or another country, you are legally allowed to drive in California until your license expires or you become a resident. If you qualify for California residency, you are required to obtain a California drivers license within ten days. In order to be eligible for a California license, you will be required to visit your local Department of Motor Vehicles office and pass the traffic laws and signs examination. If you possess a license issued by another country, you will also be required to take a driving test. If your license was issued by another state, you will probably be able to avoid the on-road test."

http://driversed.com/DMV/california-foreign-drivers.aspx

So as long as your UK drivers license is valid, I believe they cant press you on that one.

Hope this helps.

This is fantastic news, however i am unclear on one thing. The paragraph contains the text "If you qualify for California residency, you are required to obtain a California drivers license within ten days". Do i qualify for California residency if i am awaiting approval for AOS? Or does this sentence mean, WHEN I AM APPROVED RESIDENCY i have 10 days to get one?

I don't believe you qualify for residency until you have a GC or EAD (since the I-94 is expired). That's why I think you were legit on the UK drivers license (as long as the UK one is still valid).

My UK drivers license is valid and expires in 2012. Fingers crossed i get off the charge with this alone.

[Jengles 0]

"California does recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident."

http://www.dmv.ca.gov/dl/dl_info.htm#international

Cal Veh Code § 12505(e)::

Subject to Section 12504[Nonresident minors], a person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver's license issued to him or her by any other foreign jurisdiction having licensing standards deemed by the Department of Motor Vehicles equivalent to those of this state, may operate a motor vehicle in this state without obtaining a license from the department, except that he or she shall obtain a license before being employed for compensation by another for the purpose of driving a motor vehicle on the highways.

Just a small note to the above. I think there is a time limit on how long they let you go on the foreign drivers license.

I did some more research, and I stand corrected to the above post. I think they can't get you for the lack of a license per the following:

"Foreign Driver's License Holders - California

If you already possess a valid driver license issued by another state DMV or another country, you are legally allowed to drive in California until your license expires or you become a resident. If you qualify for California residency, you are required to obtain a California drivers license within ten days. In order to be eligible for a California license, you will be required to visit your local Department of Motor Vehicles office and pass the traffic laws and signs examination. If you possess a license issued by another country, you will also be required to take a driving test. If your license was issued by another state, you will probably be able to avoid the on-road test."

http://driversed.com/DMV/california-foreign-drivers.aspx

So as long as your UK drivers license is valid, I believe they cant press you on that one.

Hope this helps.

This is fantastic news, however i am unclear on one thing. The paragraph contains the text "If you qualify for California residency, you are required to obtain a California drivers license within ten days". Do i qualify for California residency if i am awaiting approval for AOS? Or does this sentence mean, WHEN I AM APPROVED RESIDENCY i have 10 days to get one?

I don't believe you qualify for residency until you have a GC or EAD (since the I-94 is expired). That's why I think you were legit on the UK drivers license (as long as the UK one is still valid).

Agreed,

If you are seeking residency, then you would have had 10 days, right? and you didn't apply or do whatever you needed to do within the 10 days. A k-1 is a non-immigrant visa. I know I'm splitting hairs here, but I wouldn't push for that right now because you don't want anything going on your CA driving record which at this point you don't have and a second offense will carry a much higher penalty. (not trying to wish anything on you).

what else did the lawyer say? If you don't mind me asking .

Taking pictures is a very good idea, and you finding out why you were pulled over in the first place, aim for a dismissal if possible.

[Empress of Groovy 373]

Hi, Martin

It's what constitutes residency that's tricky. I think you're in a sort of limbo because you're not a visitor from the UK, and you may not be considered a UK resident anymore. Thus, one could make the argument that you're not a UK resident, and therefore your UK license isn't valid because you live in California (that is, assuming that the validity of the UK license is based on being a resident of that country). Of course, you're not U.S. resident yet, but an applicant. I'm guessing that the 10-days rule would apply to someone who moved to CA from out of state.

What you need to show the DMV to get a license makes no sense at all. I had a look at the CA DMV site, and there is something on the list about an I-797 (it just says "approved petition," whatever that means). Did you try that? (Sorry if you've already mentioned this.)

A lot of people in this gray area of AOS have had trouble getting drivers licenses. It seems ludicrous that you could get in legal trouble because of the murkiness of what you're required to produce to get a license. There was a thread a couple of months ago started by an English guy living in Louisiana who had a valid EAD and an NOA for the I-485. He was under the impression that he could drive on the UK license and took his time seeing about obtaining a Louisiana license. As it turned out, the Louisiana DMV wouldn't issue him one because his EAD was expiring in less than six months! I'm a geek and actually read the Louisiana DMV site, and it sounds like they should have issued him a license with his EAD and NOA for the I-485, but the jokers there just didn't get it.

Anyway, I wish you the best of luck. I'd try to limit your driving until you get your EAD or green card, because I think that the CA legal system may consider you as driving w/o a license even though the DMV won't allow you to take the test.

Of course, if the DUI thing is an issue, that certainly would complicate things. I hope things work out for you!

[Danlu 0]

Martin,

I am brazilian, and my I-94 is valid till the end on december. I already applied for my AOS and I am waiting for my GC interview now.

I didn't know I should have gotten a SSN before I got married, when I found that out, was too late... Anyways..

I live in California and I am driving with my valid brazilian license and my passport, no problem. Although I was never pulled over by a cop.

But before I started driving, I sent lots of emails to the DMV, the Polic Department, and the answer from DMV was that it's ok for me to drive with my DL from Brazil and my passport, but it will be always up to the cop who stops me, to say it's ok or not. Then I got the response from the Police Department, and they said, yes you can DRive with your DL from Brazil and passport, no problem.

Plus, I went to DMV and got the driver's book and keep it in the car. So, if just in case a cop stops me, I will show him that I am supported by the law. Some people say we can drive for only one year, but as it's written on the book, as long as your DL from your country is valid, you can drive.

One think I had to so though, was to include my name on the car insurance.