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.

 

if what you say about not needing to change it is true, I would tell your CO and see what he says.

 

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.

 

Damn J Best of luck to you

 

If you're currently on Active Duty, heck you may not need to be on Active Duty. Go talk the Legal Office on base.

 

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...

 

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?

 

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.

 

good luck man keep us updated


i hope you get it worked out

 

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.

 

yikes.

will it buff right out? I hope so. Good luck man.

 

^^^

 

thanks man. i will do that. first i have to get my license transferred tomorrow.

 

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.

 

sux...hope it all works out

 

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.

 

Yo, keep us updated.

text me if you need something.

 

yea. Chief of Police so they can fire the cop that impounded my car.

 

So does this mean you can get your car back ASAP!?!

 

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.

 

How bad is your damage?

 

 

wowzer! Good luck man.

 

ouch

 

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.

 

Ouch , I hope you get this all sorted out soon Jay.

 

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.

 

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.

 

SOB!!!

sorry to hear that.

 

Sorry man, hopefully it works out better for you, hang in there.

 

Thank you everyone with the warm comments.

 

You still gotta come to the Cali meet man

 

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.

 

no. it happened so fast though. the truck bolted though.

 

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.

 

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.