Ticket for Driving on Expired Driver's License in L.A. Ca.

[crow]

Thanks for reading
I was stoped in a Police checkpoint in Van Nuys, Ca. and my driver's license was expired, unfortunately I have no way to renew it, so I just checked in the Van Nuys Court and they told me the charge is currently a misdemeanor so I want to try to do something to reduce the charge to just an infraction because a misdemeanor will affect me considerably in my inmigration procedures,

The only previous ticket I have had in the past was a speding ticket in 2006 in Riverside County and in that moment I did not have my wallet and license with me but the CHP officer checked my license number in his computer (it was ok) and he wrote the charge code: 12951(A)vc D.L. NIP, and the court only charged $ 10 when I showed my D.L. to the judge, I also paid the speeding charge and I did traffic school and all the procedures on time and I received the final OK docs. (and I double checked everything)

So do you guys think that previous ticket in 2006 will affect me if I want to try to ask the reduction of this current expired license ticket misdemeanor to an infraction ?, this is the first time I receive a code: 12500(a)vc

but besides I can not renew my D.L. and have no job and no savings to afford a lawyer to help me in court (the cheaper I could find is $750), So I don't know if there could be any chance to be helped in court by their FORMER Van Nuys court "PUBLIC DEFENDER" because this is a misdemeanor charge, but I tried to ask this to their Public Defender department and their clerk told me that the right day of the court trial I have to ask to the court if they can asign a Public defender to me because I can not afford and external one, and the court will decide and check in that moment if they can/want assign me one or can not, so I don't know what is the real chance if they want to assign me one, and if they do I don't know if he/she can actually do something to help me to reduce the charge to infraction

Any advice is always very welcome.

 

[mightymoose]

Driving on an expired license is the same as if you never had a license to begin with. In my county the District Attorney routes all first offenses through traffic court as an infraction and will only prosecute as a misdemeanor for a subsequent offense. That may not be the policy where you are, but it is very possible for you to have this reduced to an infraction. Your previous incident will have no bearing on this.
Why can't you renew your license? That would help greatly!

At any rate, plead not guilty when the time comes. Chances are you will receive a reduced offer in order to avoid wasting time with such a petty matter in court. You will not get a public defender unless they insist on prosecuting as a misdemeanor... I just don't see it happening with your circumstances.

 

[crow]

Thanks a lot for your great advice, unfortunately my traveling and work permits are expired so I really can not do anything to renew my D.L. (belive me I tried)

Question, because I don't know anything about these procedures my tought is what happens if I plead (not guilty) and I have nothing to demonstrate that I'm not, because I can not renew my D.L., my concern is they could tell me: "if you are not, then show me a proof, a new D.L." , I guess they will try to do anything to push me to say: "Ok, I'm guilty",
so I don't know if I plead not guilty they will just give me a new hearing or in that point they will push me to demonstrate why I'm not guilty and try to close the case in that moment.

I have no idea what happens next, if I plead not guilty if they just give me another hearing or in that moment the city attorney talks to me to try to make me an offer or if I can approach to him and try to talk to him or is not allowed, or what usually happens, I have no idea, I have not even know how is this in a real life

So if I understand correctly (I think I don't), if I plead not guilty is there a better chance they can assign me a public defender in the next hearing ? Thanks for your valuable help !!!

 

[mightymoose]

If you plead not guilty they will either proceed with misdemeanor charges, at which time you can request a public defender, or they will offer to reduce the charge to an infraction in exchange for your guilty plea. If you don't mind a guilty plea to an infraction and paying some fines then take the offer. If they proceed as an infraction you will not receive legal counsel.

 

[crow]

so after I plead not guilty in the same hearing same day after that I can request a pub. def. or they will give me another hearing other day ? or it's right away the same day,
my final objetive is to remove the misdemeanor from my record, so if I have to pay the money they want I guess I will be ok, so I guess if I can get it as infraction and I don't receive legal counsel because of that, I won't need it anyway, I hope

but my concern is if they trick me if I plead guilty in their "infraction" conditions and they finally leave it like misdemeanor in their files I will be screwed, someone told me also something like if I plead guilty and they accept to remove the misdemeanor "localy" the state will still charge it as a misdemeanor (it was very confusing for me) I didn't get it, but he told me that this is a common trick because the court is not required to tell you the consecuences beyond the city local laws