1st traffic ticket :(

[kari lina 0]

So yesterday, my husband got his first speeding ticket. I knew it was bound to happen sooner or later as he still tends to drive as if he is on the Autobahn. He was only going 8 miles over the speed limit which isn't tcompletely awful, but hopefully it will encourage him to start slowing down a bit. But....the thing that really FRUSTRATED me is that they gave him a second violation for not having a Texas Driver's license. When we went to change my name on my driver's license we tried to get his driver's license. The lady gave us a list which included resident alien card, EAD card, and F1 and J1 Visas with valid I94 good for a year (and then the normal US citizen documents). He didn't have any of the primary or secondary evidence. We showed her his K1 visa and I 94 in his passport and she checked the list and said that it wasn't on it and we would have to wait until he received his green card or Employment Authorization Card. She indicated that he is allowed to drive my car with his German driver's license until he had the proper documentation to get a Texas license.

I also found on the Texas Department of Public Safety website:

Out-of-Country Driver License

1) How long can I drive with an out-of-country driver license?

Generally, a person 18 to 75 years of age with a valid out-of-country driver license in their possession may drive a private, non-commercial motor vehicle in the State of Texas for up to one year from date of entry into the United States, if their home country has reciprocity with the U.S. In order to check for reciprocity agreement status, click on Reciprocity In Driver Licensing or you may contact License Issuance at (512) 424-5089 or by e-mail at license.issuance@txdps.state.tx.us. 37 Texas Administrative Code 15.91.

So...I thought we were okay having him drive with his German driver's license until he got either his EAD or green card, but apparently the police officer disagreed. The ticket for driving without a Texas license is $160 (more than the speeding part), and I'm really frustrated because we tried to do the right thing and get his driver's license, but were unable to. And now I'm afraid that when we do get his Texas Driver's license then our insurance rates will skyrocket because of this now double ticket.

Ugh, if only he would have driven the darn speed limit.

:(

Karoline

[Saddle Bronc 124]

You're partly right about the insurance rates being jacked-up; but the jack-up will come only due to the speeding ticket. "Document violations" (not having swapped the licence over) have no effect on insurance rates.

BTW, these can be taken to court, and you can plead guilty on the speeding and not guilty on the document violation.

[Jasman0717 9]

8 miles over the speed limit in California will cost you an arm and a leg, have to get money in the kitty for all the judges's retirement

[Saddle Bronc 124]

Also (for the OP), the date gives a clue as to why the second ticket was issued: to make the cop's ticket quota (as the date IS the month end).

[kari lina 0]

Yep, I had already thought about the fact that it had been the 31st...quotas for sure. In Texas, you can take a defensive driving course to avoid having the offense go on your record, but because he also ticketed him for no Texas license that voids that option. I did call a traffic attorney, and he said that it should be no problem to get the Texas license ticket waived and that we just need the documentation from the DPS showing that an out of country license is valid for a year or until he has the proper documentation needed to get a Texas driver's license. So, he'll just have the speeding ticket at that point. I don't know how it works as far as your record goes if you don't yet have a US driver's license, but I guess we'll see.

sigh...boys and fast driving I'm feeling slightly better about it all now, tho

[Saddle Bronc 124]

As an irony, I was stopped near the end of August 1994 in Atlanta area near intersection of Peachtree Industrial Blvd and I-285 Perimeter for speeding (66 in a 55 zone, car with Gwinnett County, GA tags). When I showed my Alberta licence, I was initially told I should have swapped it within 30 days (I had gotten the then-current licence in October 1993, when I had been in Calgary). I responded that I had learned from GA Patrol that temp visa holders do not have to swap-out the foreign licence.

In the end, I was told to leave as it was too much of a headache for him to issue the ticket!

(editor's note: I later found out from a Canada-to-US immigration forum that Canadian Provinces consider a licence to be invalidated the moment a holder establishes residence outside the province--a fact not generally known to US police however).

[Jaseball 0]

Over here in California we drive 75 in a 65 and get passed by semi's sometimes. I'm not sure what part of California you are from, but 8 over, while it is an offense, the officer must be in a bad mood to ticket.

In the OP's case I would bet the officer knows less about the law than he should and you should go to court and argue your case. Could also say the speeding seems out of place given the situation and keeping up with traffic. How did he clock you? Did you ask about the device and the last time it was calibrated?

Maybe he is a single cop and was angry a 'foreigner,' snagged a good looking American girl or something?

I think you have a good case, but it depends on what you guys said when pulled over, whether the officer shows in court, and whether the law you cited is current.

I must be jaded, but unless you are 15-20 over the speed limit I don't see it as a big deal.

[kari lina 0]

Over here in California we drive 75 in a 65 and get passed by semi's sometimes. I'm not sure what part of California you are from, but 8 over, while it is an offense, the officer must be in a bad mood to ticket.

In the OP's case I would bet the officer knows less about the law than he should and you should go to court and argue your case. Could also say the speeding seems out of place given the situation and keeping up with traffic. How did he clock you? Did you ask about the device and the last time it was calibrated?

Maybe he is a single cop and was angry a 'foreigner,' snagged a good looking American girl or something?

I think you have a good case, but it depends on what you guys said when pulled over, whether the officer shows in court, and whether the law you cited is current.

I must be jaded, but unless you are 15-20 over the speed limit I don't see it as a big deal.

I wasn't in the car actually. Paul said that the car in front of him braked (he didn't realize it was because there was a police car ahead). He switched lanes and then got pulled over by the officer. He called me when it happened because he needed to know where my insurance card was. I overheard the cop saying something about him being in the state for 2 months and that being plenty of time to get a driver's license. Paul said he explained that he was waiting on the correct documentation to get the driver's license, but to no avail...the cop gave the ticket anyway. I do think (and hope) that the cop just wasn't up to date on the law (which I believe I have current as I pulled it off of the Texas website today).

Anywho, we'll fight that part of the ticket and pay the speeding part.

[Otto 83]

Over here in California we drive 75 in a 65 and get passed by semi's sometimes. I'm not sure what part of California you are from, but 8 over, while it is an offense, the officer must be in a bad mood to ticket.

In the OP's case I would bet the officer knows less about the law than he should and you should go to court and argue your case. Could also say the speeding seems out of place given the situation and keeping up with traffic. How did he clock you? Did you ask about the device and the last time it was calibrated?

Maybe he is a single cop and was angry a 'foreigner,' snagged a good looking American girl or something?

I think you have a good case, but it depends on what you guys said when pulled over, whether the officer shows in court, and whether the law you cited is current.

I must be jaded, but unless you are 15-20 over the speed limit I don't see it as a big deal.

I wasn't in the car actually. Paul said that the car in front of him braked (he didn't realize it was because there was a police car ahead). He switched lanes and then got pulled over by the officer. He called me when it happened because he needed to know where my insurance card was. I overheard the cop saying something about him being in the state for 2 months and that being plenty of time to get a driver's license. Paul said he explained that he was waiting on the correct documentation to get the driver's license, but to no avail...the cop gave the ticket anyway. I do think (and hope) that the cop just wasn't up to date on the law (which I believe I have current as I pulled it off of the Texas website today).

Anywho, we'll fight that part of the ticket and pay the speeding part.

In my BMW Riding Club We call 8+mph over a Performance Award...

It's not funny...but what will you do? Come on EAD...!

[Hilarious Clinton 452]

Illegal immigrants just give a fake name, fake address, don't pay the fine and they're on their way. Oh... their insurance rates don't go up either.

[doodlebug 3]

Here in Boston if you show up to the court date to contest you have a 50/50 chance of getting it thrown out since half the time the officer who wrote you up won't show. Worth a shot for that kind of money.

[rika60607 215]

If you do go to court, you can ask for probation. It means you pay your speeding ticket and if in the next 12 months you do not have any more traffic violations, then this ticket is written off, same as if you went to a traffic school.

He does not have any other US driving tickets, so a judge will likely give him probation. AND this will sloooow him down, for a year!

Rika

[DAN02006 0]

Over here in California we drive 75 in a 65 and get passed by semi's sometimes. I'm not sure what part of California you are from, but 8 over, while it is an offense, the officer must be in a bad mood to ticket.

In the OP's case I would bet the officer knows less about the law than he should and you should go to court and argue your case. Could also say the speeding seems out of place given the situation and keeping up with traffic. How did he clock you? Did you ask about the device and the last time it was calibrated?

Maybe he is a single cop and was angry a 'foreigner,' snagged a good looking American girl or something?

I think you have a good case, but it depends on what you guys said when pulled over, whether the officer shows in court, and whether the law you cited is current.

I must be jaded, but unless you are 15-20 over the speed limit I don't see it as a big deal.

I wasn't in the car actually. Paul said that the car in front of him braked (he didn't realize it was because there was a police car ahead). He switched lanes and then got pulled over by the officer. He called me when it happened because he needed to know where my insurance card was. I overheard the cop saying something about him being in the state for 2 months and that being plenty of time to get a driver's license. Paul said he explained that he was waiting on the correct documentation to get the driver's license, but to no avail...the cop gave the ticket anyway. I do think (and hope) that the cop just wasn't up to date on the law (which I believe I have current as I pulled it off of the Texas website today).

Anywho, we'll fight that part of the ticket and pay the speeding part.

Hi! feel bad for the ticket....my husband is scared of such a situation ocurring too. I have also had frustrating experience with DMV here for my CA Drivers license. As per the CA DMV I can drive on my Indian DL but my husband is concerned about insurance. How does that work here? I do need to get mobile...if not my own car atleast i can then drive his

[Mrs.J06 4]

So yesterday, my husband got his first speeding ticket. I knew it was bound to happen sooner or later as he still tends to drive as if he is on the Autobahn.

Ugh, if only he would have driven the darn speed limit.

:(

Karoline

Don't be too hard on him, that part of adjusting to the US is tough....