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| SECTION 1.1 (Continued
. . . ) |
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| Driving
is a Privilege, Not a Right
A driver’s license shows that you have been given
permission by the State of California to drive on public roadways.
You do not have a constitutional right to drive on the public roads.
Licenses are granted to drivers who meet the
necessary criteria and have not abused their driving
privileges in the past. You may receive a license
after you have:
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Reached
the age of 18 years (if between the ages of
15.5 and 18 years, the DMV may issue a junior
permit, if special circumstances are applied.) |
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Filled out the application
form |
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Paid the fee |
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Correctly answered written
questions about the law and safety rules |
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Shown that your mental and
physical condition are satisfactory |
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Demonstrated your ability to
drive safely |
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Have
no outstanding actions on your driving record |
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Provided
your Social Security Number and proof that
you are in the United States legally (collected
for your first license) |
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Provided your finger or thumb
prints |
The DMV may refuse
to grant you a license at its discretion, and
the court may suspend or revoke your privileges
when appropriate. The DMV will take the strongest
action possible against anyone who alters or otherwise
attempts to falsify a driver's license.
The DMV may also refuse to issue you a license,
if you:
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Have a history of alcohol or
drug abuse |
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Have used the license
illegally |
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Have lied on your application |
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Do not understand traffic laws
or signs |
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Do not have the skill to drive |
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Have
a health problem that makes your driving unsafe |
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Have a Failure to Appear (FTA)
or Failure to Pay (FTP) for a traffic citation on your driving record |
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Have not complied with a
judgment or order for family support payments |
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Used a crib sheet for any
examination for a license |
The DMV has to check your record for any official
reports written by your doctor, law enforcement,
or your close relatives that address your health
problems or your incapability to drive, before issuing
or renewing a driver's license. |
| Suspension
or Revocation of Your License
If you accrue too many points for negligent driving,
the department will suspend your license for six
months and either place you on probation or revoke
your driving privileges.
If the DMV receives information from any member
of the vehicle operator's family within 3 degrees
of consanguinity, or the operator's spouse, who
has reached 18 years of age, they have to conduct
a reexamination, including a demonstration of
the person's ability to operate a motor vehicle
to determine whether the driving privilege of
any person to operate a motor vehicle should be
suspended or revoked. The report shall be based
upon personal observation or physical evidence
of a physical or medical condition that has the
potential to impair the ability to drive safely,
or upon personal knowledge of a driving record
that, based on traffic citations or other evidence,
indicates an unsafe driver. The observation or
physical evidence, or the driving record, shall
be described in the report, or a law enforcement
officer shall base the report upon an investigation.
If you were convicted of an assault commonly
known as "road rage" on a public highway,
in addition to the penalties set forth in subdivision
(a) of Section 245 of the Penal Code, the court
may order suspension of your driver's license
for six months for a first offense and one year
for any subsequent offense; it could happen either
on the date of conviction or upon your release
from confinement or imprisonment, if applicable.
In addition or instead of the punishment described
above, the court may order you to complete a court-approved
anger management or "road rage" course.
If you are convicted of hit-and-run driving or
reckless driving which results in injury, your
driver’s license will be revoked.
You are entitled to a hearing if you request
one before the date of the suspension or revocation.
At the hearing, a Driver Safety Hearing Officer
will talk to you. You will have the opportunity
to show why your license should not be suspended
or revoked. If you are unable to do so, your license
will be suspended, you will be placed on probation,
or your license will be revoked. At the end of
the suspension or revocation period, you may apply
for a new license if there are no other stops
on your record and you can show proof of financial
responsibility.
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| Driving
With A Suspended or Revoked License
If your license has been either suspended or
revoked and you are caught driving, your vehicle
will be impounded. After a hearing you will be
either fined, jailed, or both.
Upon a first conviction, you will be booked in
the county jail for not less than five days or
more than six months, and will be fined from $300
to $1000. If you are caught driving with suspended
or revoked driver's license for the second time
in five years, you'll be confined in the county
jail from 10 days to 1 year and fined from $500
to $2000. If you plead guilty or nolo contendere,
and the court accepts your plea, a certified ignition
interlock device may be installed on all cars
registered in your name for up to three years,
as enforcement or as a substitution for the original
sentence.
By law, after your license has been suspended
or revoked, the court and the DMV officially "believe"
that you have been informed of it – claiming
you "didn’t know" is therefore
not a valid defense in court.
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| Violating Driver's License
Restrictions
If your license
has restrictions on it, such as driving with glasses,
or not driving at night, etc., and you are found
to be driving in violation of those restrictions,
your license may be suspended or revoked. In order
to have a restriction removed from your license,
you must take a new driving test.
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| Speed Traps It is now more difficult to use "poor calibration" of a
radar gun as a defense in court, presuming that the police officer in question has had
radar training and the radar device has been calibrated in the last 7 to 10 years.
Radar Jamming Devices
The use, purchase, sale, or manufacture of any form of
"jamming" device that interferes with law enforcement’s use of speed
detecting radar or lasers is prohibited. |
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