Hayward, CA asked in Traffic Tickets for California

Q: What are my rights If I get a ticket for unlicensed driver but my vehicle was not even moving at all

My ticket also says my birth date is on 03/27/1999 and that I'm 23 years old when I'm actually 22

Related Topics:
2 Lawyer Answers
Dan Moseley
Dan Moseley
Answered
  • Criminal Law Lawyer
  • Fresno, CA
  • Licensed in California

A: The alleged unlicensed operator has to be shown to have been driving the vehicle. The showing can be made by direct evidence - the driver was seen operating the vehicle - or circumstantial evidence - vehicle was found in a location where only the unlicensed occupant could have taken it.

Maurice Mandel II
Maurice Mandel II
Answered
  • Traffic Tickets Lawyer
  • Newport Beach, CA
  • Licensed in California

A: If you were driving a car and stopped at a stop sign you would not be moving but you would be driving. Not possible to determine more from your description. You need to appear on the ticket, and/or hire a traffic ticket attorney to represent you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.