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- Newsgroups: misc.legal
- Path: sparky!uunet!paladin.american.edu!europa.asd.contel.com!awds.imsd.contel.com!llyene!jato!csi!rrunner!eldred
- From: eldred@rrunner.jpl.nasa.gov (Dan Eldred)
- Subject: Re: Must states accept other states drivers licenses
- Message-ID: <1993Jan22.060215.13236@csi.jpl.nasa.gov>
- Sender: usenet@csi.jpl.nasa.gov (Network Noise Transfer Service)
- Nntp-Posting-Host: rrunner
- Organization: Jet Propulsion Laboratory
- References: <77232@apple.apple.COM>
- Distribution: usa
- Date: Fri, 22 Jan 1993 06:02:15 GMT
- Lines: 64
-
- In article <77232@apple.apple.COM> may@Apple.COM (Patrick May) writes:
- >
- > Must the state of California accept as valid a driver's license from
- >the state of Maine?
- >
- > I was pulled over for running a red light (it was actually yellow,
- >but thats another battle) in CA and handed the officer my Maine license.
- >He inquired how long I had been in the state and I replied "Not long."
- >He pressed for more information and I informed him that I had been in CA
- >for a few weeks. He then wrote me up for not having a license. Evidently
- >CA expects you to get a CA license within 10 days after entering the state.
-
- Welcome to California! That's part of our new strategy for revenue generation.
- Another is a $300 fee for registering a car from out of state. This
- will teach you to open your mouth. Wait till you're late on registration!
- Once I purchased a non-running, unregistered car. When I went to get it
- registered the DMV droid asked how I got it to my house. In my
- innocence I replied honestly that I had it towed. For my honesty I
- got slapped a hefty fine for having an unregistered car on the highway
- (you can't even have the wheels touch the ground). If I had just lied
- and said it had been on a flatbed then I wouldn't have been fined.
- >
- > I have the following questions:
- >
- > - Must states accept as valid other states' licenses?
-
- I believe all do; however they have the right to add
- conditions such as residency time limits.
-
- > - Did the officer act inappropriately by pressing me for
- > information without informing me of my right against
- > self-incrimination? Being pulled over is inherently
- > intimidating, I felt coerced to be as forthcoming as I
- > was by the nature of the power relationship.
-
- It's not a criminal offense so I would guess you're not protected
- against self incrimination, nor was the officer required to recite
- your rights. On the other hand, I would think that you had every
- right to remain silent (in which case he would have every right to
- hold you for up to 3 days without filing any charges). It bothers
- me to advocate dishonesty, but in this case I would have lied if I
- was certain I wouldn't get caught.
-
- > - Is the ticket invalid because I did, in fact, have a
- > license, albeit an out-of-state one?
-
- No, you violated the California law that you have to have a CA
- license if you live in the state for 10 days or more. Technically,
- your out-of-state license is still valid but this fact is irrelevant.
-
- > And just out of curiosity:
- > - What are the odds of getting out of the running a red
- > light ticket when it's just my word against the cop?
-
- Zilch. If that worked then tickets would never stick. You have a
- reasonable chance (maybe 25%) that the cop wouldn't show up if you
- chose to fight the ticket.
-
- > - If I do get out of that ticket, does it invalidate the
- > other charge since he pulled me over inappropriately?
-
- No. He had a perfectly legitimate reason for pulling you over. And
- they can ask for registration and drivers licenses once they do that.
-
-