What to Plea in Arraignment? : CVC 12951(a) No License in Possession

P

PR660

Member
Jurisdiction
California
It's been decades since my last traffic arraignment.

Was cited for this while warming up a vehicle around the block prior to our mechanic's son coming out to do an oil change.

Even though I gave the officer my CDL#, my full name and address, he cited me, but also advised me that all I had to do was to show the judge my valid CDL. I also have the message correspondence between me and the kid.

What plea do I make at the arraignment?

Thanks for your help!
 
PR660 said:
It's been decades since my last traffic arraignment.

Was cited for this while warming up a vehicle around the block prior to our mechanic's son coming out to do an oil change.

The officer told me all I had to do was to show the judge my valid CDL. I also have the message correspondence between me and the kid.

What plea do I make at the arraignment?

Thanks for your help!
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You request a court date and take your license with you to present to the court. Once you've done that, the charge will be dismissed.

Law section
 
A friend told me she keeps a picture of her CDL on her phone as a backup. I'll assume, however that it won't suffice if stopped by a LEO.

Not a direct analogy, but it reminds me of the time a bouncer refused to allow me into a 21 and over nightclub when I presented an ID (CDL) that was expired.
 
PR660 said:
A friend told me she keeps a picture of her CDL on her phone as a backup. I'll assume, however that it won't suffice if stopped by a LEO.
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It might or might not be OK. Officers have a lot of discretion during a traffic stop.

However, tell her it's a bad idea. What does an officer do when you hand him your license and registration? Right. He takes them back to his car where he spends the next few minutes looking you up. Does she understand that he will have her wide-open phone in his car?

PR660 said:
Not a direct analogy, but it reminds me of the time a bouncer refused to allow me into a 21 and over nightclub when I presented an ID (CDL) that was expired.
Click to expand...

It actually is analogous. The law says valid and current. Expired is equal to not existing.
 
adjusterjack said:
It might or might not be OK. Officers have a lot of discretion during a traffic stop.

However, tell her it's a bad idea. What does an officer do when you hand him your license and registration? Right. He takes them back to his car where he spends the next few minutes looking you up. Does she understand that he will have her wide-open phone in his car?



It actually is analogous. The law says valid and current. Expired is equal to not existing.
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Understood. But in the case of the bouncer employed by a private entity, he had the discretion to allow me entry, after seeing my birthdate on the expired CDL (which will never change until the day I die). Either he didn't like me, or he simply couldn't make the connection...or both!
 
PR660 said:
Understood. But in the case of the bouncer employed by a private entity, he had the discretion to allow me entry, after seeing my birthdate on the expired CDL (which will never change until the day I die). Either he didn't like me, or he simply couldn't make the connection...or both!
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No. LEGALLY the bouncer required a VALID ID/DL. S/he could not LEGALLY except an expired (therefore not valid) ID.
 

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