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Old 07-13-2008, 02:29 AM
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Unhappy Ahhhhhhhhhhhhhhhhhhh!

Guys i need some legal advice.


I got into an accident today avoiding a 18 wheeler that felt that he should go at anytime. Now I show the police my driver's license which is a FL license (its says its expired, but have documentation stating that its valid until September 2013). I was told from the beginning that i didn't need to change my license to California because im a Navy Reservist. Now the police is saying other wise and that was wrong and that i shouldve gotten it within 10 days that i got here. Now they impounded my car and i cannot get it out for 30 days and got a ticket without a valid license. Now my question is this. I have a valid license, but the 30 day impound is BS. Is there anyways to get around this or so? I could lose my job for not being able to be reliable to work.

Cliff Notes
Got into an accident
Showed a FL license to them
They told me this is not a valid drivers license and but proved it was valid.
Impounded my car for 30 days
could lose my job for this BS.
Old 07-13-2008, 03:12 AM
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if what you say about not needing to change it is true, I would tell your CO and see what he says.
Old 07-13-2008, 04:14 AM
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More info?

Are you in California on duty with the Navy? If not, how long have you been in California? The officer may have deemed you an unlicensed driver for failing to obtain a CA driver's license if you are not on duty here, but have been here for over 30 days.

The ticket will refer to the Vehicle Code section(s) that the officer believes you violated- if one of those sections permits impound, your car will be held for 30 days. However, some jurisdictions permit an expedited "hardship" hearing to release an impounded vehicle within 10 days of impound.
Old 07-13-2008, 04:24 AM
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Damn J Best of luck to you
Old 07-13-2008, 09:42 AM
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If you're currently on Active Duty, heck you may not need to be on Active Duty. Go talk the Legal Office on base.
Old 07-13-2008, 11:14 AM
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Holy Shit!

Damn, sorry to hear that. I guess I was bad luck to you or something... Is this why you couldn't go to all so-cal meet?

yo, hit me if you want to hang out. I will come and pick you up.

once again, sorry to hear that...
Old 07-13-2008, 11:48 AM
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Originally Posted by S14 n Tsx
Holy Shit!

Damn, sorry to hear that. I guess I was bad luck to you or something... Is this why you couldn't go to all cali meet?

yo, hit me if you want to hang out. I will come and pick you up.

once again, sorry to hear that...

yea man. im been really depressed about it the whole day yesterday. I dunno if i can get the car before it then i might go but as of right now no.

Will, I have been in california for 7 years. after i transition out of active duty to reservist status. i was told by a MAC (Chief Master At Arms) that it wasn't required. I figured that since they do this all the time,he would know what he was talking about.
Thanks for the responses guys. I will go to the DMV tomorrow to see if i can transfer the license to California and go from there.
Old 07-13-2008, 12:24 PM
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Originally Posted by asianspec
yea man. im been really depressed about it the whole day yesterday. I dunno if i can get the car before it then i might go but as of right now no.

Will, I have been in california for 7 years. after i transition out of active duty to reservist status. i was told by a MAC (Chief Master At Arms) that it wasn't required. I figured that since they do this all the time,he would know what he was talking about.
Thanks for the responses guys. I will go to the DMV tomorrow to see if i can transfer the license to California and go from there.
People tell you all sorts of dumb stuff without knowing the truth themselves. Active duty don't need to change their licence, but at least here in MA, reservists do. 7 years is a LONG time to not get your licence changed. I would go to court and explain the situation hopefully the judge will have some sympathy because you are ex-military.

By the way, why is it you never got your licence changed?
Old 07-13-2008, 12:26 PM
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That's bullshit. If you're over 18 and have an out-of-state license you can drive anywhere you move to until you're license expires.

As far as I know, the ONLY people that have that ten day window with obtaining a new license are people UNDER 18. I specifically remember this from driving school.

^^^ This all applies only to ca.
Old 07-13-2008, 12:39 PM
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good luck man keep us updated


i hope you get it worked out
Old 07-13-2008, 01:17 PM
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Originally Posted by ifirahse
That's bullshit. If you're over 18 and have an out-of-state license you can drive anywhere you move to until you're license expires.

As far as I know, the ONLY people that have that ten day window with obtaining a new license are people UNDER 18. I specifically remember this from driving school.
Wrong under California law.
That applies only to adults VISITING California (incl. out-of-state students), not "residents" like OP asianspec who live and work in CA.
http://www.dmv.ca.gov/pubs/hdbk/pgs01thru03.htm

When in doubt about CA driving regs, use the DMV website.

Asianspec- see if you can get an expedited hearing, and G/L.

and everyone who is military- see JAG or base attorney about legal issues, not your sarge, your CO or your mother.

Last edited by Will Y.; 07-13-2008 at 01:22 PM.
Old 07-13-2008, 01:50 PM
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yikes.

will it buff right out? I hope so. Good luck man.
Old 07-13-2008, 01:51 PM
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^^^
Old 07-13-2008, 04:04 PM
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Originally Posted by Will Y.
Wrong under California law.
That applies only to adults VISITING California (incl. out-of-state students), not "residents" like OP asianspec who live and work in CA.
http://www.dmv.ca.gov/pubs/hdbk/pgs01thru03.htm

When in doubt about CA driving regs, use the DMV website.

Asianspec- see if you can get an expedited hearing, and G/L.

and everyone who is military- see JAG or base attorney about legal issues, not your sarge, your CO or your mother.
thanks man. i will do that. first i have to get my license transferred tomorrow.
Old 07-13-2008, 04:23 PM
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damn J... I'm sorry to hear about this... and I really have no legal advice for you, but if I end up going to the meet, and you still don't have car.... you could always ride with me.
Old 07-13-2008, 04:37 PM
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sux...hope it all works out
Old 07-13-2008, 04:42 PM
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Originally Posted by TzarChasm
People tell you all sorts of dumb stuff without knowing the truth themselves. Active duty don't need to change their licence, but at least here in MA, reservists do. 7 years is a LONG time to not get your licence changed. I would go to court and explain the situation hopefully the judge will have some sympathy because you are ex-military.

By the way, why is it you never got your licence changed?
sorry i missed this. actually i have been station here for 4 years when i was active duty and been on reserves for about 3 or so. i hope so too with the judge.
Old 07-13-2008, 04:44 PM
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Yo, keep us updated.

text me if you need something.
Old 07-13-2008, 04:49 PM
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yea. Chief of Police so they can fire the cop that impounded my car.
Old 07-13-2008, 04:53 PM
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So does this mean you can get your car back ASAP!?!
Old 07-13-2008, 04:59 PM
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Originally Posted by asianspec
yea. Chief of Police so they can fire the cop that impounded my car.
So, what's going to happen next?
Old 07-13-2008, 05:01 PM
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Originally Posted by S14 n Tsx
So, what's going to happen next?
Im going to take Will's advice and see if i can get a hearing for it. If i can get it early then maybe. but I still have to fix the damage on the car.
Old 07-13-2008, 05:02 PM
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How bad is your damage?
Old 07-13-2008, 05:06 PM
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Old 07-13-2008, 05:12 PM
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wowzer! Good luck man.
Old 07-13-2008, 05:20 PM
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ouch
Old 07-13-2008, 05:38 PM
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AZ was down for a bit.

was it your fault?
Old 07-13-2008, 06:52 PM
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Originally Posted by S14 n Tsx
AZ was down for a bit.

was it your fault?
yes only because i switched into another person's lane to avoid hitting a truck came into traffic when it wasn't supposed to.
Old 07-13-2008, 06:58 PM
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Originally Posted by asianspec

Ouch , I hope you get this all sorted out soon Jay.
Old 07-13-2008, 07:25 PM
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Originally Posted by asianspec
yes only because i switched into another person's lane to avoid hitting a truck came into traffic when it wasn't supposed to.
Trucks dont care.

In cali, they will put their blinker on, count to three, and come over if you dont move for them...whether you can or not.

Tough break, hope, you can fight this and win.
Old 07-13-2008, 07:55 PM
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That's bullshit. If you're over 18 and have an out-of-state license you can drive anywhere you move to until you're license expires.
Not true. Almost all states have a law that requires you to get that states drivers license after either getting a job in that state or getting a residence in that state. Unless you fill out an exemption form that states & proves you are not a permanent resident of that state.
Old 07-13-2008, 08:49 PM
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Originally Posted by asianspec
yes only because i switched into another person's lane to avoid hitting a truck came into traffic when it wasn't supposed to.
SOB!!!

sorry to hear that.
Old 07-13-2008, 09:32 PM
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Sorry man, hopefully it works out better for you, hang in there.
Old 07-14-2008, 12:06 AM
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Thank you everyone with the warm comments.
Old 07-14-2008, 12:14 AM
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You still gotta come to the Cali meet man
Old 07-14-2008, 12:53 AM
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Originally Posted by asianspec
yes only because i switched into another person's lane to avoid hitting a truck came into traffic when it wasn't supposed to.
Actually, it may not be your fault- did you get the plate/ID of the truck?

A collision between vehicles caused by another uninvolved vehicle unsafely changing lanes would result in that uninvolved vehicle being cited and deemed at fault- hopefully the cop noted that in his report. If so, you may not get charged for the accident and it might be covered under your uninsured motorist coverage.
Old 07-14-2008, 01:08 AM
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no. it happened so fast though. the truck bolted though.
Old 07-14-2008, 01:56 AM
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Originally Posted by ifirahse
...If you're over 18 and have an out-of-state license you can drive anywhere you move to until you're license expires.

....
I don't know about the military aspects, but for the rest of us, this is very wrong.


In the case where you have moved/changed residence, each state requires that you get a license issued by that state within a certain amount of time, ususally 30 - 60 days.
Old 07-14-2008, 02:25 AM
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Originally Posted by ifirahse
If you're over 18 and have an out-of-state license you can drive anywhere you move to until you're license expires.
I guess I was wrong...but this WAS what they taught me in driving school. So if you're visiting, it's ok, but when you move you need to apply for a new license.
Old 07-14-2008, 07:47 AM
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Originally Posted by ifirahse
I guess I was wrong...but this WAS what they taught me in driving school. So if you're visiting, it's ok, but when you move you need to apply for a new license.
Yea, just follow the money. States make a lot of money forcing people to get new licences and registrations. They always want to get theirs. MA had a reward program for a while where you could call in and report your neighbors for using an illegal tag.



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