South Pas, Ca: Ticket for No Possession of License, Uninsured, and Unregistered

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alhambraman91

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My question involves a traffic ticket from the state of: California. Alhambra Courthouse. Citation in South Pasadena, CA.

Had just left class and realized I lost my keys that day. Called up a friend to pick me up to take my home and get keys to use the family car. I had already planned to help out a friend that day with some computer issues. I was in a rush so I grabbed the keys to the Caddilac Escalade (~2002). The Caddilac is registered under my uncle's name because he primarily drove it, but was financed with my dad, the cosigner. My dad and my uncle also financed another truck, and since both cars were paid off and my uncle had too many cars, my dad would keep the Escalade. Please note that I am going to take full responsibility of this entire situation, because I don't want to cause any emotional distress on my family members.

I made it to my destination about 2 miles north (South Pasadena), helped my friend out then I was leaving. As I pulled out on the street, a South Pasadena police car pulled out immediately behind me. I drove down three blocks south, and and cop turned his lights on, so I pulled over without ANY idea why. I didn't know that the car's registration was lapsed (Sept 2010), and the car was definitely uninsured. I did not have my license in my possession because my wallet was left in my car at school. The officer walks up to my window and asks me if I knew why I was being pulled over. I told him that I had no idea why, so he explained that my tags weren't up to date. I showed him past registration papers but that didn't suffice. The officers did call for backup and told me they could tow the car, but they didn't. They wrote me a ticket for VC4000A1, VC12951A, and, VC16028A which are: proof of up to date registration, possession of license, and evidence of financial responsibility, respectively. They told me to drive the car straight home, so I did.

I have a letter in the mail with a bail of $75, including proof of all three things. However, I can only prove that I was licensed at the time. The license was in my wallet, inside my car. My car was left at school, with up to date tags and insured.

I don't know how I should approach this situation. It was a one-time thing where I had to meet with someone to help them out. I had no benefit in driving the car, but it was a way of transportation to help someone else out. Also on the letter, it gives me a choice to elect Court Trial, or Trial by Declaration. I also do not have the necessary finances to cover myself if the ticket reaches several hundreds of dollars to thousands as the officer was bragging about. I am unemployed, but I do have little income which I can use to make payments. My parents have been unemployed for several months now from being laid off. We are living off my parent's unemployment and social security, while I have some money from Financial Aid to cover my books and transportation which isn't very much. I do understand that the car is not mine and I'm also afraid that the court may subpoena family members of mine to court in order to prove ownership of the car so that it was not theft, or maybe to transfer responsibility to my parents or uncle. It's enough stress for me having to deal with this ticket. I don't want to extend the stress to my family members about this situation. Not only is it emotionally stressful because of the current financial hardship situation, but it's also embarrassing. That is why I want all matters resolved in my hands if it means having to pay thousands... So if anyone knows of a way I should approach this situation/ticket, or a way to enter into a plea where I can reduce my fine, or something I can say to get some sympathy from the judge to understand my situation that this was a one-time thing, helping someone out... It wasn't a good day for me, that's for sure. I'm only 20, and i'm a full time student in college.
 
This is not legal advice.. but something I did once. I was driving thru Louisiana, got pulled over for speeding. I gave the officer my license he said "Do you realize your license has expired?" He then said "The ticket prices in Louisiana are extreme to high so the ticket for the expired license was cheaper then the speeding ticket. So I received a ticket for the expired license and my buddy had to drive. We were coming from Indiana to Texas to fish. When I got back home I went and got my license. I made a copy of it and mailed it to the prosecutor office explaining it was something that happened every 5 years in Indiana (to renew) and it was an honest mistake. They dismissed the ticket. Maybe you can explain to them the chain of events as you have done here. Explain you have been off at college and didn't realize the tags have expired on your uncles car. Bring your license with you to show you have a license. Then hope.... They are in good spirits.. I would do this way before the court date. Just go to the prosecutors office.
 
As a note, the District Attorney in Los Angeles County does not generally deal with traffic offenses.

The no license in possession and the registration violation can be correctable violations so as long as he has a valid license and the registration is brought up to date, those two should be no more than $50. The insurance may be a little more tricky and could cost a few hundred - much, much more if there is no insurance by the court date. A court might show mercy if the insurance is good by the court date.
 
That's a interesting story. I know it was an honest mistake and all, but I was really hoping my chain of events/situation could bring some sympathy from the judge hopefully reducing the fines or something... We don't plan to insure the vehicle nor register the vehicle anytime soon. It's just going to sit in our garage at home. Plus, the cost of maintaining that car is way too much... Registration, gas, regular maintenance.
 
If you do not correct the violations, expect to pay the full amount of those fines which will be north of $1,158 for the registration and insurance violations alone.

MAYBE a judge will allow you the option to file a PNO and believe the car will be stored for the year. If that's what is to be done, then it should be done before court.
 
Your chain of events really has nothing to do with it and I doubt a judge would let you even attempt to explain it. You either had valid documentation at the time of the stop or you didn't.
Possession of the license is easily dismissed in this case, and you can count on that so long as yours really is valid. If you get to the DMV and get the vehicle registered IMMEDIATELY then you MIGHT minimize the damage for the past due registration... however the DMV is likely going to charge past due fees since September 2010, so registration will be expensive.
Honestly, I suspect you are going to get hosed for not having insurance, regardless of the circumstances. That is a big fat fine in excess of $800 all by itself, and sadly for you, the state needs your money.

It is your responsibility as the driver of a vehicle to make sure that registration and insurance are current and that the paperwork is in the vehicle... it does not matter if it is your car or how often you drive it.

You should prepare yourself for an insurance fine in the vicinity of $800 plus the cost of registration of the vehicle, which is likely going to be in excess of $500 considering the past due fees. IF the vehicle had been registered as non-operational then the registration renewal could be much less.
 
I wrote one of these doozies just the other day... driver didn't have license in possession or proof of insurance, and his registration was expired two months.
I had no intention of even writing the citation until I realized he had a current 2012 sticker on his plate that he had stolen off another vehicle. That little sticker cost the guy well over $1000, because once I take the time to write out a citation, it really is not much extra effort to list all the violations. Fraudulent use of a registration sticker is actually a misdemeanor... though I suspect the judge will just shake his finger at the guy over that one considering that his pockets will already be empty.
Fines for insurance and registration are EXPENSIVE!
 
OP you MIGHT have one or two things going in your favor.

If you were cited for no registration, you should not have been cited and released, by being told to drive directly home.

If that happened, it could potentially be used to attack the citation.

Citing and releasing you to drive in a vehicle with expired plates, no valid insurance, and no drivers license was HUGE mistake.

If things went down that way, I suggest you speak with an attorney.

The "what coulda happened" boggles the mind.

If what you say is true, you were authorized to continue BREAKING the LAW by a LAW ENFORCEMENT officer.
 
If you were cited for no registration, you should not have been cited and released, by being told to drive directly home.

That is actually quite common in these parts... it has to do with avoiding unnecessary tows that keep officers tied up longer and just piss off the public. A vehicle MAY be towed if more than 6 months expired but it is not required. Given that the OP was only 2 miles from home letting him continue home after the citation was quite reasonable.
 
That is actually quite common in these parts... it has to do with avoiding unnecessary tows that keep officers tied up longer and just piss off the public. A vehicle MAY be towed if more than 6 months expired but it is not required. Given that the OP was only 2 miles from home letting him continue home after the citation was quite reasonable.

In Texas, if the violator destroyed Mr. Bigstuff's $500,000 Bentley on the way home, it'd get Officer Friendly's department sued.

The rule here is, don't kill it, if you don't wanna clean it!
 
OP you MIGHT have one or two things going in your favor.

If you were cited for no registration, you should not have been cited and released, by being told to drive directly home.
Actually, the CVC generally mandates that a citation be issued for the infraction. We cannot make a custodial arrest for the offense. And, it is a correctable violation. Even if the officer did not indicate such on the citation, the court can make it so. But, if the OP and the registered owner do not wish to pay up the registration fees, then he can expect to pay the full price for the offense.

Note to OP: It will likely be WAAAAY cheaper to pay the registration and get the car insured than to pay those two offenses ...

Citing and releasing you to drive in a vehicle with expired plates, no valid insurance, and no drivers license was HUGE mistake.
No real alternative here. I suspect the officer ran the license and it came back clear. If so, then he was guilty only of not having it in his possession, not for driving while unlicensed.
 
I understand that a custodial arrest isn't appropriate, based on the facts proffered.

Allowing an unregistered, uninsured motor vehicle to be driven away under the officer's auspices and at his behest has gotten several departments sued in Texas.

That isn't wise, and Texas officers don't arrest you.


They sometimes don't impound the car.
That action depends on the stop.
They admonish the violator to not drive the vehicle, and give them a certain time to have the vehicle removed.
I understand California and Texas are sovereign powers.
I'm just puzzled as to why a peace officer would cite someone for a behavior, and then endorse the behavior after issuing a citation?

I know I wouldn't authorize such actions.
 
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I understand that a custodial arrest isn't appropriate, based on the facts proffered.
It wouldn't be permitted at all ... unless he refused to sign the citation ... or the officer did not believe he had sufficient identification of the suspect to complete the citation.

Allowing an unregistered, uninsured motor vehicle to be driven away under the officer's auspices and at his behest has gotten several departments sued in Texas.
Out here it is our only real option. We would lack the authority to impound it, and could not compel the driver to leave it parked. If expired more than 6 months we could impound it, however.

I understand California and Texas are sovereign powers.
I'm just puzzled as to why a peace officer would cite someone for a behavior, and then endorse the behavior after issuing a citation?
Because CA law does not provide teeth to any alternative. An officer can bluff and bluster, and say the driver should not drive the car away, but woe be to the officer if the occupant of the vehicle got assaulted, run over, or otherwise injured while walking away from a vehicle that the officer had no legal authority to compel the driver to abandon.

I know I wouldn't authorize such actions.
You'd have to permit it in CA unless you wanted to run the risk of violating the law.
 
This is why I like reading from this site. You guys post some very interesting stuff. I see what Army Judge is saying.... This guy was allowed to continue driving without all these issue's corrected. Interesting...
 
I see what he is saying, but the OP's state of CA offers no real alternative than a citation and release.
 
And, it goes without saying, but I'll say it anyway.

The "cite & release" policy for uninsured and/or unregistered drivers is foolish.

I'd lay you 10 to 1 that MOST of those violators don't just drive the car directly home and park it, never to drive again until they've corrected the problem. Nooooo, those irresponsible idiots keep right on driving until they destroy someone else's property or maim another person's body!
 
And, it goes without saying, but I'll say it anyway.

The "cite & release" policy for uninsured and/or unregistered drivers is foolish.

I'd lay you 10 to 1 that MOST of those violators don't just drive the car directly home and park it, never to drive again until they've corrected the problem. Nooooo, those irresponsible idiots keep right on driving until they destroy someone else's property or maim another person's body!
They may keep driving, but repeat offenses or a failure to correct can potentially be charged as misdemeanor offenses which would be subject to arrest.

And, "foolish" or not, many (most?) states - including mine - do not permit another option in most instances.
 
They may keep driving, but repeat offenses or a failure to correct can potentially be charged as misdemeanor offenses which would be subject to arrest.

And, "foolish" or not, many (most?) states - including mine - do not permit another option in most instances.

I'm not arguing with you.

I'm just surprised at how we hamper law enforcement by appeasing law breakers!
 
I'm not arguing with you.

I'm just surprised at how we hamper law enforcement by appeasing law breakers!
The alternative would be to tie up an already burdened court system and jails with custodial arrests for what are very minor infractions. I understand that in some states traffic infractions are arrestable offenses, but I know that even in Texas a custodial arrest for even these offenses is quite rare, indeed.
 
I'm just puzzled as to why a peace officer would cite someone for a behavior, and then endorse the behavior after issuing a citation?

Allowing the driver to take the vehicle a very short distance to park it at home until the violation is corrected, and avoiding an easy $200-300 extra in towing fees, is not at all an endorsement of their actions. It is difficult to call it an endorsement when they have just been given a very heavy citation. It is just a matter of practicality and common sense when the distance to be traveled is so short. The car can be parked at the residence and the officer on his next call long before a tow truck ever shows up.
Depending on the circumstances, it is also quite common to instruct them to park it and walk away or call for a ride or another licensed driver.
 
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