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susy
Feb 7, 2008, 11:34 AM
Hi, I let my partner drive my car (we live together). He does not have a valid driver's license (he has never had one in this country, U.S) He can not have a driver's license because his immigration status does not allow him to (He used to drive in his country). He was pulled over for having the lamps out, so he was caught (no license) My car was impounded, but I got it back after 5 days. He was not arrested, but he got a court date. My question is: Should I accompany him to the superior court, or would I get in any kind of trouble if the judge or somebody reports that I let him drive KNOWING that he did not have a valid driver's license? Would they pay attention to me? I would like to go with him because I don't want to leave him alone and in case they want me to sign a contract saying that I will not let him drive. I'm confused, what should I do?

twinkiedooter
Feb 7, 2008, 11:39 AM
Go only if you are going to remain a spectator and nothing else. He will have to face the consequences for having no license - not you.

JudyKayTee
Feb 7, 2008, 11:47 AM
Hi, i let my partner drive my car (we live together). He does not have a valid driver's license (he has never had one in this country, U.S) He can not have a driver's license because his immigration status does not allow him to (He used to drive in his country). He was pulled over for having the lamps out, so he was caught (no license) My car was impounded, but i got it back after 5 days. He was not arrested, but he got a court date. My question is: Should i accompany him to the superior court, or would i get in any kind of trouble if the judge or somebody reports that i let him drive KNOWING that he did not have a valid driver's license? Would they pay attention to me? I would like to go with him because i don't want to leave him alone and in case they want me to sign a contract saying that i will not let him drive. I'm confused, what should i do?


I have never seen a contract saying that you will not allow an unlicensed person to drive your car - with or without a contract he is not supposed to be driving your car!

And I agree with "Twinkie" - go as a bystander and provide moral support but do not volunteer anything.

susy
Feb 16, 2008, 10:47 AM
Does driving without a driver's license stay in your criminal record?
If you go to court what does the "booking required" means
If booked prior the court day, does that mean that you will already have a criminal record??
Very confused. Thank you.

Fr_Chuck
Feb 16, 2008, 11:19 AM
Driving without a license in most cares are not considered a "criminal" record but included on your driving record. If just a criminal NCIC record is done, it would not show up, if they run a DMV record, it shows up then.

N0help4u
Feb 16, 2008, 11:19 AM
It depends on things like your state law and why you don't have a license.
California, New York, Texas and Florida can consider it a misdemeanor.
And can be 6 months in jail or a fine from $200. To $1,000.
Some states give you a fine and further suspend your ability to receive a license.
Many states it is something you get a fine for and it goes on your driving record with no criminal record.
If it does happen to go on a criminal record and it is a first and only offense you may be able to get it expunged eventually.

Driving Without a Valid Driver's License - Findlaw for the Public - (http://public.findlaw.com/traffic-ticket-violation-law/traffic-ticket-a-z/driving-without-license-laws.html)

Booking required means they have to take your name, age, address, reason for arrest, identification, fingerprints, mugshot,

susy
Feb 17, 2008, 10:37 AM
Is a Promise to Appear (PTA) (when the officer gives you a citation to go to court and marks booking required on the paper)Considered an Arrest?

JudyKayTee
Feb 17, 2008, 10:40 AM
1.16.010 Notice to appear--Preparation.
1. If any person is arrested for any misdemeanor prescribed by county ordinance or pursuant to Section 853.6 of the Penal Code of the state, and such person is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the state, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. (Ord. 271 § l(part), 1963)

No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment, as required by law. (Ord. 271 § 7, 1963).

1. 1.16.090 Violation deemed misdemeanor.
Any person wilfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. (Ord. 271 § 8, 1963).

susy
Feb 17, 2008, 10:47 AM
This is what happened, my boyfriend was caught driving without a driver's license. He was not arrested but given a citation to court (the box booking is marked) Is that considered an arrest?

JudyKayTee
Feb 17, 2008, 10:54 AM
this is what happened, my boyfriend was caught driving without a driver's license. He was not arrested but given a citation to court (the box booking is marked) Is that considered an arrest??


I think you have 2 threads going on the same subject at the same time, and, yes, if you read what I posted it is an arrest.

If he does not appear a warrant will be issued for his arrest.

ScottGem
Feb 17, 2008, 11:37 AM
Please do not start multiple threads for the same issue. I've mergedthe threads for you. Just reply to this thread.

Fr_Chuck
Feb 17, 2008, 08:37 PM
I doubt you will get into any trouble, go with your friend.

Do they still have the one from their nation, in general it would be valid if they are here on varoius types of visa. For example students at many colleges drive regularly on their foreign license.

But best thing they do, plead guilty, pay their fine and go on.