From: eldred@rrunner.jpl.nasa.gov (Dan Eldred)
Subject: Re: Must states accept other states drivers licenses
Organization: Jet Propulsion Laboratory
Distribution: usa
Date: Fri, 22 Jan 1993 06:02:15 GMT

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.

Newsgroups: misc.legal