Woooosh
Banned
Posts: 5240
Registered: 1-28-2007
Location: Rosarito Beach
Member Is Offline
Mood: Luminescent Waves at Rosarito Beach
|
|
Does a TJ driver need a CA driver's license?
I need some honest opinions on something that happened to my Mexican brother in law...
He is driving a Mexican car, with a Mexican drivers license with insurance. He got pulled over for running a stop sign in National City. He denies
it, but that's not the problem. The officer checked his name in the computer and saw he had previously held a CA driver's (7 years ago). My brother
in law told the cop he now lives in TJ and comes over to visit his children who live in the USA. The cop threatened to call immigration- to which he
responded "go ahead". The cop did not do that, but he did tow the car away. The officer claimed he was driving with an expired CA license and since
the car had Mexico plates he could tow the car away. The cop that ticketed him was white and the Latino cop with him tried to get the white cop to
change his mind- but wasn't able to.
He got the car out of impound today for about $500 and has a court date in November. Other than the ticket dispute, he can't figure out what
happened. His immigration status should not have been challenged. Why can't a Mexican move back to TJ , give up his CA drivers license, get a
Mexican DL and then drive up to San Diego. Seems like he had all the right paperwork. What is the correct strategy in traffic court and is there any
chance the $500 will be given back?
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
|
|
|
bajalou
Ultra Nomad
Posts: 4459
Registered: 3-11-2004
Location: South of the broder
Member Is Offline
|
|
Don't know about any of the rest of it, but less than none is the chance of getting towing charges back.
No Bad Days
\"Never argue with an idiot. People watching may not be able to tell the difference\"
\"The trouble with doing nothing is - how do I know when I\'m done?\"
Nomad Baja Interactive map
And in the San Felipe area - check out Valle Chico area |
|
|
DavidE
Ultra Nomad
Posts: 3814
Registered: 12-1-2003
Location: Baja California México
Member Is Offline
Mood: 'At home we demand facts and get them. In Mexico one subsists on rumor and never demands anything.' Charles Flandrau,
|
|
BEEEEG LAWSUIT
This is racial profiling at its worst and he needs a special attorney at either pro bono or settlement that can tackle this. Get ahold of every pro
immigration group you can and also contact the National City Chamber of Commerce and tell them that if they do not investigate this is going to go
nuclear. Get ahold of a reporter at the San Diego Union Tribune as well.
As an ex-deputy sheriff reserve supervisor I can tell you that our boss would have immediately fired any deputy that pulled a stunt like that.
I trust this event was recounted accurately above.
|
|
|
DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
|
|
| Quote: | Originally posted by DavidE
BEEEEG LAWSUIT
This is racial profiling at its worst |
Maybe worse than that. Get this guy a kick-ass attorney, sit back and watch the fun.
|
|
|
Woooosh
Banned
Posts: 5240
Registered: 1-28-2007
Location: Rosarito Beach
Member Is Offline
Mood: Luminescent Waves at Rosarito Beach
|
|
| Quote: | Originally posted by DavidE
I trust this event was recounted accurately above. |
The only thing I would add is that they weren't asked to show any documents to pick the car up from impound- which even they thought was strange given
the reason it was towed. His English is limited, but my niece graduated from La Jolla High and her English is just fine- so I'm confident with their
account, but I was not there.
I do know Paco was upset about the immigration threat and mouthed off. My niece said he came to a full stop at the sign, but dropped a business card
on the floor mat. Somehow when he started moving again the cop thought he had not made the first complete stop at all. I think the White cop was
ticked off and there was nothing the Latino cop (who translated in between the two men) could do to get him to back off. He's not the litigious type-
he just didn't like the way he was treated and couldn't understand why a Mexico license, valid mexico plate and being insured wasn't enough. He should
have been given the ticket and that was it imo, but the expired CA license thing threw me off.
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
|
|
|
Dave
Elite Nomad
Posts: 6005
Registered: 11-5-2002
Member Is Offline
|
|
| Quote: | Originally posted by Woooosh
the expired CA license thing threw me off. |
An interesting question. Is there some arcane CA law that requires a written surrender of a driver's license? I know that when moving, most states
require surrendering a former state's license. I assume the former state is then notified. I wonder if this applies to Mexico as well?
I can testify to the fact that California respects, at least in my experience, a Mexican driver's license. I drive a Mexican plated vehicle and carry
a Mexican license. I've been stopped in California and never had a problem. I've even been stopped driving a CA plated vehicle and shown a Mexican
license... Again, no problem.
|
|
|
sd
Nomad
Posts: 487
Registered: 3-19-2008
Member Is Offline
|
|
Perhaps the car was towed due to a lack of insurance coverage?
California requires a driver show proof of insurance.
|
|
|
woody with a view
PITA Nomad
Posts: 15940
Registered: 11-8-2004
Location: Looking at the Coronado Islands
Member Is Offline
Mood: Everchangin'
|
|
are you SURE he didn't have a suspended license from 7 years ago?
|
|
|
Woooosh
Banned
Posts: 5240
Registered: 1-28-2007
Location: Rosarito Beach
Member Is Offline
Mood: Luminescent Waves at Rosarito Beach
|
|
| Quote: | Originally posted by woody with a view
are you SURE he didn't have a suspended license from 7 years ago? |
He def has vehicle insurance. No, I am not sure it was not suspended 7 years ago- he only has told me he did not renew it. People, including a
brother-in-law, are not always forthcoming with these things and I accept that as a possibility.
But that does bring up an interesting point. Say your license was taken away for speeding, or even a DUI. Another state wouldn't issue you a
license- but how would Mexico know (or even care)? It would not be good if people with a DUI could get a Mexico drivers license and continued to
drive drunk in the USA.
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
|
|
|
DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
|
|
| Quote: | Originally posted by Woooosh
It would not be good if people with a DUI could get a Mexico drivers license and continued to drive drunk in the USA. |
Yeah....but you don't need a license to drive drunk. All you need is a Cajuama and a car.
|
|
|
mcfez
Elite Nomad
Posts: 8678
Registered: 12-2-2009
Location: aka BN yankeeirishman
Member Is Offline
|
|
Did he have car insurance for the USA, Americans need Mexican insurance to drive in Mexico...so I would presume?
The car's legal registration.... was there any?
Safety of the car...if it's a threat to other drivers...it can be towed.
Pass DL infractions not taken care of...yes, they will tow your car....but you too ....to jail till bond is made.
No cop will have the car towed away for zero legal reason. He'll be doing desk duty if that was the case....if not...fired.
The cop that ticketed him .......... the cop would certainly have a history of that behavior if he has personal issues. File a complaint to / or call:
Citizens can report a complaint to the on-duty supervisor at any time day or night by coming to the National City Police Station and requesting to
speak with a supervisior, call the main business line at (619) 336-4400 and ask to speak with a supervisor, or contact our Internal Affairs Division
Sergeant at 619-336-4481.
No..I am not a cop! But I do get a lot of static from some cops because they think I am a member of the Hell's Angels (I am not...just look like one
when cruising on my scoot).....and I am ready to respond to them every time! Perhaps your friend should be prepared to respond next time...
[Edited on 9-27-2010 by mcfez]
Old people are like the old cars, made of some tough stuff. May show a little rust, but good as gold on the inside.
|
|
|
DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
Member Is Offline
|
|
I have to think we only have part of the story.
|
|
|
Bajahowodd
Elite Nomad
Posts: 9274
Registered: 12-15-2008
Location: Disneyland Adjacent and anywhere in Baja
Member Is Offline
|
|
Geez. If the Mexican license was current, the plates on the car were current, and he carried insurance valid NOB, the towing was illegal. That said, I
assume the upcoming court date is for the ticket for running a stop sign. Traffic court is not a venue that hosts the finest legal scholars. But, if
he pleads not guilty, the cop will have to appear at a future trial.
|
|
|
Woooosh
Banned
Posts: 5240
Registered: 1-28-2007
Location: Rosarito Beach
Member Is Offline
Mood: Luminescent Waves at Rosarito Beach
|
|
| Quote: | Originally posted by Bajahowodd
Geez. If the Mexican license was current, the plates on the car were current, and he carried insurance valid NOB, the towing was illegal. That said, I
assume the upcoming court date is for the ticket for running a stop sign. Traffic court is not a venue that hosts the finest legal scholars. But, if
he pleads not guilty, the cop will have to appear at a future trial. |
His insurance is USA. I don't know how they get US insurance with TJ plated cars and a Mexico license, but that's what he has. He'll fight the
ticket. Thanks for the help. He feels better knowing whatever happened wasn't the norm. I don't think he liked his immigration status challenged
in front of the kids like that by a white cop. Yeah- he def copped an attitude because he thinks the cop didn't see him make the first complete stop
and then didn't believe him. They took everything out of the car and took the trolley home. They're over it today- but $500 is a lot for anyone to
waste like that.
\"The only thing necessary for the triumph of evil is for good men to do nothing\"
1961- JFK to Canadian parliament (Edmund Burke)
|
|
|
mtgoat666
Platinum Nomad
Posts: 20366
Registered: 9-16-2006
Location: San Diego
Member Is Offline
Mood: Hot n spicy
|
|
| Quote: | Originally posted by Woooosh
I need some honest opinions on something that happened to my Mexican brother in law...
He is driving a Mexican car, with a Mexican drivers license with insurance. He got pulled over for running a stop sign in National City. He denies
it, but that's not the problem. The officer checked his name in the computer and saw he had previously held a CA driver's (7 years ago). My brother
in law told the cop he now lives in TJ and comes over to visit his children who live in the USA. The cop threatened to call immigration- to which he
responded "go ahead". The cop did not do that, but he did tow the car away. The officer claimed he was driving with an expired CA license and since
the car had Mexico plates he could tow the car away. The cop that ticketed him was white and the Latino cop with him tried to get the white cop to
change his mind- but wasn't able to.
He got the car out of impound today for about $500 and has a court date in November. Other than the ticket dispute, he can't figure out what
happened. His immigration status should not have been challenged. Why can't a Mexican move back to TJ , give up his CA drivers license, get a
Mexican DL and then drive up to San Diego. Seems like he had all the right paperwork. What is the correct strategy in traffic court and is there any
chance the $500 will be given back? |
sounds like the cracker cop would find it easy to get a job in arizona,... over there the white majority is so eager for their cops to violate rights
of minorities that they wrote it into law
|
|
|
![[*]](images/xmbforum/default_icon.gif){kind=icon}
