Pulled over for making a left turn in front of an officer???

[beth22285]

What is the name of your state (only U.S. law)? California (city of Glendale)

This past Sunday morning, I made a safe left turn at an intersection, crossing an officer's path (he was a safe distance away). I was already traveling on the road onto which I had turned when, to my surprise, I saw that the officer had turned right onto the road and was behind me, pulling me over. I pulled over and handed him my necessary paperwork, including my valid Pennsylvania driver's license, and asked him why he pulled me over. He did not answer my question, only asked me, "Didn't you see me coming?" I replied that I had, but that he had been a distance away and I had therefore made the turn as I thought it a safe turn. I then asked if making a left turn in front of a police vehicle was somehow against the law, and he gave some sort of vague reply that it was a violation of a code (or something). A second unit appeared, and I was asked to exit the vehicle and sit on the curb.

The officer asked why I didn't have a California license, and I explained that I travel between Pennsylvania and California, but that I did have a residence here. He proceeded to issue me a ticket for driving without a license and listed "None" on the ticket where a Driver's License number would have appeared, even though I did have and present a valid out of state license (I had been pulled over twice prior to this, and the out of state license had not been an issue and had been listed on the ticket). He explained that California law requires a person to apply for a California license within 10 days of establishing residence, which I understand; however, I am not sure what the law is when one has dual residencies in two states (i.e., spends part of the year in one state and part in the other?) The officer also checked the box on the ticket to indicate that the offense (12500 (a) VC - drive without a license - misdemeanor) was not correctable. However, his partner indicated to me that I could get my California license, report to the court prior to the listed court date, and resolve the ticket without having to actually appear in court, etc. The officer who issued the ticket told me he could have sent me to jail and impounded my car but chose not to. I was read my rights but not handcuffed.

So my initial question is, was the reason for which I was initially stopped a valid reason for an officer to stop a motorist, i.e. was it a legal traffic stop? I find it strange that there is no mention of the initial reason for which the officer stopped me on the ticket issued; I was only given a ticket for "driving without a license," not for reckless driving or some other offense related to making a left turn (though my driving was far from reckless; I did nothing wrong). Secondly, if the officer checked the box stating that the offense was non-correctable, do I still have the option to resolve it simply by going to court and presenting my California license once I have it as his partner told me?

I've only had to deal with a speeding ticket (that I deserved) before, so I'm unsure how to proceed on this because I feel I was wrongly stopped.

Thanks in advance!

 

[sandyclaus]

I'm not sure about the "correctable" part. I'll let our resident LEO answer that one for you.

As for the part about turning left in front of the officer, based on speed, distance, traffic, and driving conditions, clearly THEY thought that you were turning a little too closely to them as they approached. It's not like they were seeking you out and trying to find an excuse to ticket you. And it's HIGHLY unlikely that they KNEW you were someone who didn't have a CA driver's license until you stopped and told them so.

 

[LdiJ]

What is the name of your state (only U.S. law)? California (city of Glendale)

This past Sunday morning, I made a safe left turn at an intersection, crossing an officer's path (he was a safe distance away). I was already traveling on the road onto which I had turned when, to my surprise, I saw that the officer had turned right onto the road and was behind me, pulling me over. I pulled over and handed him my necessary paperwork, including my valid Pennsylvania driver's license, and asked him why he pulled me over. He did not answer my question, only asked me, "Didn't you see me coming?" I replied that I had, but that he had been a distance away and I had therefore made the turn as I thought it a safe turn. I then asked if making a left turn in front of a police vehicle was somehow against the law, and he gave some sort of vague reply that it was a violation of a code (or something). A second unit appeared, and I was asked to exit the vehicle and sit on the curb.

The officer asked why I didn't have a California license, and I explained that I travel between Pennsylvania and California, but that I did have a residence here. He proceeded to issue me a ticket for driving without a license and listed "None" on the ticket where a Driver's License number would have appeared, even though I did have and present a valid out of state license (I had been pulled over twice prior to this, and the out of state license had not been an issue and had been listed on the ticket). He explained that California law requires a person to apply for a California license within 10 days of establishing residence, which I understand; however, I am not sure what the law is when one has dual residencies in two states (i.e., spends part of the year in one state and part in the other?) The officer also checked the box on the ticket to indicate that the offense (12500 (a) VC - drive without a license - misdemeanor) was not correctable. However, his partner indicated to me that I could get my California license, report to the court prior to the listed court date, and resolve the ticket without having to actually appear in court, etc. The officer who issued the ticket told me he could have sent me to jail and impounded my car but chose not to. I was read my rights but not handcuffed.

So my initial question is, was the reason for which I was initially stopped a valid reason for an officer to stop a motorist, i.e. was it a legal traffic stop? I find it strange that there is no mention of the initial reason for which the officer stopped me on the ticket issued; I was only given a ticket for "driving without a license," not for reckless driving or some other offense related to making a left turn (though my driving was far from reckless; I did nothing wrong). Secondly, if the officer checked the box stating that the offense was non-correctable, do I still have the option to resolve it simply by going to court and presenting my California license once I have it as his partner told me?

I've only had to deal with a speeding ticket (that I deserved) before, so I'm unsure how to proceed on this because I feel I was wrongly stopped.

Thanks in advance!

I think that you need to get an attorney and challenge the tickets...particularly since driving without a license is a misdemeanor and you DO have a valid license, just not one for CA. What is your resident state for tax purposes? In which state do you spend the most time?

 

[Zigner]

As an aside - Glendale is one of the more strict cities when it comes to traffic enforcement. They have to be, because they have some of the worst drivers.

 

[Who's Liable?]

Additionally, NO ONE has "dual state residencies". Your residence is determined by what state you filed your previous years taxes in.

 

[CdwJava]

The officer asked why I didn't have a California license, and I explained that I travel between Pennsylvania and California, but that I did have a residence here.

If you are a resident of this state or employed here, you are required to have a CA license. If your primary state of residence is PA and you can show that you pay taxes there, then you might be able to convince a court to give you a pass. Where are you registered to vote?

On the other hand, VC 12500(a) is a correctable offense and you can get a CA license and pay only a $25 administrative correction fee.

He explained that California law requires a person to apply for a California license within 10 days of establishing residence, which I understand; however, I am not sure what the law is when one has dual residencies in two states (i.e., spends part of the year in one state and part in the other?)

This is what you will have to bring up to the judge. Bring your proof of voter registration or income taxes listing PA as your primary residence.

The officer also checked the box on the ticket to indicate that the offense (12500 (a) VC - drive without a license - misdemeanor) was not correctable. However, his partner indicated to me that I could get my California license, report to the court prior to the listed court date, and resolve the ticket without having to actually appear in court, etc.

If the citing officer did not check the correctable box, the court is still free to permit it. However, you might have to appear in court to accomplish this.

The officer who issued the ticket told me he could have sent me to jail and impounded my car but chose not to. I was read my rights but not handcuffed.

Considering the VC does not generally permit a custodial arrest for this particular offense - even if charged as a misdemeanor - that woulda been a heck of a trick.

So my initial question is, was the reason for which I was initially stopped a valid reason for an officer to stop a motorist, i.e. was it a legal traffic stop?

If you (arguably) made an unsafe turn in front of the officer, yes it is.

I find it strange that there is no mention of the initial reason for which the officer stopped me on the ticket issued;

Because the citation form does not have a space to indicate the reasonable suspicion or probable cause for the contact. That will likely be in any notes or a report he might prepare later.

if the officer checked the box stating that the offense was non-correctable, do I still have the option to resolve it simply by going to court and presenting my California license once I have it as his partner told me?

Yes. The court can make the matter correctable in spite of the officer's indication.

 

[beth22285]

thanks to everyone who replied, all of your input helped me out

 

[davew128]

Additionally, NO ONE has "dual state residencies". Your residence is determined by what state you filed your previous years taxes in.

Well THAT'S most definitely wrong. Residency is determined by each individual state and it is VERY possible depending on the facts and the states involved to be considered residents of BOTH STATES.

 

[Who's Liable?]

Well THAT'S most definitely wrong. Residency is determined by each individual state and it is VERY possible depending on the facts and the states involved to be considered residents of BOTH STATES.

So when you file your taxes, which state do you put down and pay taxes on, both?

 

[disneykid52]

people have houses in FL and NY and spend 6 months in each so whats the deal with having 1 license?

 

[HighwayMan]

people have houses in FL and NY and spend 6 months in each so whats the deal with having 1 license?

This involves Pennsylvania and California, not New York and Florida.

 

[xylene]

This involves Pennsylvania and California, not New York and Florida.

People have houses in Pennsylvania and California and even have jobs in both states.

 

[davew128]

So when you file your taxes, which state do you put down and pay taxes on, both?

Your question makes no sense. When I prepare tax returns, I prepare returns in the states I am required to for the client, either as a resident or non-resident. If the laws of the states in question both state the client is a resident of each separate state, so be it.

FYI, states have their own definitions of residency, sometimes based on permanent domicile, sometimes based on physical presence. Since each state DOES have its own laws, you can by definition under the laws of two states be considered a resident under the laws of each because you have physical presence in one while maintaining domicile in the other. Students come to mind. Since some states base it on physical presence alone (with no exception for temporary stay or being a student) you're a resident in the state you go to school in and a resident in the state your domicile you return to is.