THE BEST OF ASK BOB
The following inquiries received by the BobSaid.com Web site are exactly as written by the inquirers. As much as we would love to know how some of these situations worked out, we seldom receive follow-up correspondence.
Hi, Bob I just found your site, you certainly do have an impressive resume. My question is: Is it illegal to use photo blocking spray on your car license in California?
5201.1. (a) A person shall not sell a product or device that
Thanks for your help, your answer was very thorough.
On February 14th 2009 my husband and I were driving on missions street in San Francisco looking for a parking space and when we found one we signaled that we were going to park there and then all of a sudden a motorcycle cop was behind us with his lights on. He came to the window and said that my smoked license plate covers were illegal and we were double parked and he asked for my husbands license and well he doesn't have one. The officer took the insurance and registration and checked it, then he came back to the car and had my husband step out and was talking to him about towing the car, thats when I got out of the car and asked the cop why can't he release the car to me? I have a valid drivers liscense and the car is in my name? The SF Police have done it before for me why not now? He just told me that legally he needed to impound the car due to my husband not having a drivers license. And told me to go to Bryant and I would sign a paper stating I will not let someone without a license operate my cars and if so the car will be impounded for 30 days. I asked him where I could find information stating that the covers and not releasing my car to me is legal and he gave me no answer and drove off after issuing my husband a ticket. I have various friends and family that have been pulled over for no license and have not had their cars impounded. So I went to the station to get the release on my car and they told me due to my husband not having a license and having been pulled over various times for this they couldn't release my vehicle for 30 days, I told them I never signed a paper stating that and they told me that didn't matter and I could come back on March 13, 2009 to get my car. Or my husband needs to get a license but he can because he doesn't have social security. I never knew that license plate covers were illegal , and why not a warning? or fix it ticket? Obviously this officer didn't want to give me a break, I think it was unfair treatment, and wrong that he towed my car,
I would like to know the legality of this and why some people get a break and their cars are not towed and why others are? Can you help me find information
BobSaid - The officer was right. Quit it.
My daughter will soon to be 22. There was a time period of 15-16 years old that she received two citations(possesion for less than an ounce of marijuana and school delinquency) violations. She appeared in informal juvenile traffic court here in San Bernardino county, California. She never kept future appearances with the commisioner, paid her fines, or completed community service as ordered. Her license(that she never had)was placed on future suspension and at 21 the DMV still has a hold on her license stemming from her juvenille traffic tickets.I know that She has to go back to informal juvenille traffic court to handle this. The fines are now thousands of dollars. Question: is there anything that she can do to get her fines reduced and license released that you know of? Is there any way of atleast her getting a provisional license so that she can be licensed to drive to work and school legally without getting ticketed and having the vehicle impounded because that is what will happen. Thank for your help.
A very experienced police supervisor responds:
I am a merchant marine who lives currently in California. the nature of my work brings me all over. I held a valid Washington state licence at the time of my pull over in San Francisco. I am writing basically to notify other merchant marine, truck drivers, pilots and military people out there. up til recently out of state ID was good if your federal ID was good...apparently the letter of the law differs.
frankly i never had to deal with officers as i am a relatively good driver, so under 12500a if you are going to be in california get a local ID..and a !@#@#$ front plate.thanks Bob.
Please answer this one. Thank you kindly in advance. I had a car accident with my two boys in car 8 and 10. They were screaming. I turned my head to say stop your going to get mommy in an accident. I plowed down a stop sign. The boys scared I would be mad ran out of car. I franticly searched for them. Running up and down the street. I ran home and called police. I said my kids are missing they might have been kidnapped. 7 police cars came to my house. I thought the worse. They said boys called police and were placed in protective custody. They asked if I had been drinking. I said yes one margarita. They wanted to do drug test. I refused. I didnt know the law was I had to complie. Nor did they tell me. I explain the accident. They said I hit three cars and have wittness. I am quite sure I did not hit cars. They impounded my car. And put me in jail. At 11 in the morning I was handed a paper for a feeny child endagerment. When I smile at the lady who gave me the paper. She said I wouldnt be smiling you are going to jail. So they gave me my license. They said they are investigating aleged car accidents. They do not mention dui on paper they gave me. And I am going to go to court and they jump extra charges on me. How long do they have to charge me. Wish I took that breath test. Oh they said there witness is the valet man who saw me get in car intoxicated. But I did not valet park. They said they have the waitress saying I was completly out of it. But she kept giving me booze. Whic I do know that is illeagle and she would be in trouble. This is the worst thing in my life and I just survived Breast Cancer. Which police officer would not beleive. Bob What is in store for me. I havent eaten slept. What do I have to do.they never read me rights. never told me i could call lawyer. they claim they asked for a family member to take kids to. they never did. i am feeling very stupid.
I have a friend who's mom is willingly to let me use her car but she won't be able to take me. Her son has his license but the registration and insurance is under her name will there be a problem for me at the dmv over this situation?
HOWEVER, check the property for the proper signage. Without the proper signage postings on or about the property per the California Vehicle Code, it constitutes an illegal tow. Recourse? Small Claims Court with receipts and photo's to substantiate the claim. Who do you sue? The PROPERTY OWNER, not the tow company. The tow company is the secondary defendant and would be sued after the property owner.
(If the property owner authorized the tow, they are the ones at fault for not posting the property. The tow company is towing on behalf of the property owner.)
The vehicle code requires that the property be posted at each vehicular entrance to the property, visible from a distance of 25 ft, and every 100 ft thereafter, visible from a distance of 25 ft., lettering no smaller than 1". As an example:
Unauthorized vehicles will be towed away
at owners expense.
If the property was properly posted, then you would go after the tow company only. However, the tow company cannot charge more that the city tow rates as earlier mentioned. From past experience, most people don't have the time to do this. But it is an option.
my ex daughter-n-law does not have a drivers license or insurance of course, her new boyfriend gave her a car to drive around in, she has been doing that with my almost 4 year old granddaughter in the car, I am very concerned for her safety. What will happen if she gets pulled over or in an accident?
Here are three responses from very experienced traffic officers.
My stepdaughter has a valid AZ license. She is 17 and now living
with us in CA. With the number of tickets (4) and accidents (2) in
two years, I don't think she can get a CA driver's license. We are
not allowing her to drive any longer. My husband thinks we should
keep her on our insurance at over $7000 year because he is afraid
that she will take our car without permission and get into an accident.
My understanding is that even if we insured her, the insurance company
doesn't have to pay on a person driving in CA without a valid CA license.
Should we pay the insurance for the next 5 months until she turns
18, or would that all be money down the drain if she takes our car
and gets into an accident in CA.
Bob, I have a very delicate matter right now. I have been puller over 3 times while driving on a suspended license( for DUI's), twice convicted. I am looking at a third conviction in roughly 16 months. I am almost done with my 18 month DUI school and will be eligible to get my restricted license back in roughly 2 1/2 months. With a SR-22 filing and inter-lock device. What can be done? What can I expect? I cannot afford to stay in jail on consecutive days.(More than 48hrs at a time). If that happens I will have ti declare bankruptcy and lose everything I am working towards. Thanks I would really appreciate your advice.
The following is a combination response from me and from
I have quit drinking. I have surrounded myself with other friends that do not share the same interests as my last friends. My current job is in fact helping others. My job is dealing with the less fortunate, charities, law enforcement and other non-profit organizations. I am working two jobs so that I can get out of debt. I am seeing a counslor about my past behavior and how it has devesated me and put on this terrible path. Though I cannot change what has happened in the past. I can change what am doing now and my future. I appreciate your honesty and bluntness and have taken it seriously. Thank you again. I will keep you informed of what happens to me and my legal battle ahead of me and how the rest of future pans out.
I was helping my brother inlaw move from his apartment in chino ca. while we were bringing some items from his apartment to my truck which was approx. 5 min. a tow truck company already had my vehicle up in the air from my front end of the vehicle . i was livid I told the driver we were moving and we were about done he did not want to hear it he said my vehicle was up in the air and if I wanted it put down I would have to pay half of the impound fee which would be $55.00 we tried to explain that we would be in and out of the complex for about two more trips and that we were in a parking space for about 20 to 30 min. at a time it is a first come first serve parking complex. he didnt care he stated it was all about business. but if i paid $55.oo he wouldnt fuck with me any more so my question is if a owner of a vehicle comes out side and finds a tow truck operator towing there vehicle on a apartment complex is this legal what happen . i feel like I paid this person a bribe to look the other way at my complex they always give a 24 hour notice that if your vehicle is not moved it would be towed. was this a legal impound.
It's sad, but the tow truck drivers have us over a barrel, ever since they won a lawsuit against Santa Ana PD. They think they are untouchable.....and they almost are. There are no laws that regulate how tow companies operate.
CVC 22658a explains private persons impounds (PPI). The apartment complexes hire the tow companies to patrol their grounds. If they see a vehicle parked in violation of an apartment complex rule, they hook it up and charge you tons to get your car back.
I've experienced this first hand, when my daughter's brand new Honda Accord was towed away (at 10:45PM) for overnight parking. She didn't park over night. I went to the tow co.who said it would be $180.00. They had the car for 45 minutes. I had a lawsuit, but my daughter did not want to pursue it.
The tow company cannot charge you more than what they would charge the local police department for a tow or storage fee. Get a copy of Chino Police Department's towing contract and it will tell you what the police pay for towing.
CVC 22658a lays out all the requirements (signs posted, etc) needed for a tow company to "legally" tow your car. Get real familiar with that section before you contact the tow company. If the tow is found to have charged an excessive amount, you can sue and collect 4 times the amount they charged you.
I wish you the best and I hope the tow company was in violation of CVC 22658a. If they were.....sue 'm.
My wife and I were on our way home and ran into a roadblock checking for DUI. We were both sober. The officer (and my wife and I) discovered that my wife's license had expired six weeks earlier.
The officer cited my wife for a misdemeanor 12500(a) and impounded our car. I asked if I could drive since we both are on the insurance and the car is registered to me, but the officer would not allow it.
I am really worried about the severity of this citation. My wife has a clean driving record, and is a model citizen ... a pre-school teacher. What can we expect to pay for the fine (after the impound fees and vehicle recovery fee)? Should we be seeking legal help. Is there a possibility of jail? Probation? This seems crazy! Is it possible to have this reduced to an infraction?
Thanks for any comments.
Most 12500a citations carry a fine of about $150.00. The Judge could make it an infraction if he sees fit. If it were me, I would get the CDL valid and fight the citation. The Judge may reduce the fine. Call the Captain of the agency that towed the vehicle and explain that the husband could have driven instead of having your car towed away. After all, the CDL was only 1 1/2 months expired.
There almost never is jail time on a 12500a citation, unless it is the 4th time, etc. As far as legal help, you were in violation of 12500a, it's too bad the police officer hammered you with the maximum punish that he could have, instead of just telling your wife that her license was expired and get it taken care of, then let the husband drive off, after all, you said you were both sober.
Our 20-year old son was arrested for a DUI and evading arrest by slowing down, speeding up and then finally stopping when he came to his senses. He said the CHP officer only gave him an eye test and did not follow through with a breathelizer or taking him to the hospital for a blood test. He said he didn't refuse either. Our friend who is an ex-cop said that this charge should be dropped since they don't have any real proof that he was a DUI. Is this true?
Also, the reason our son was afraid to stop was that if he got one more ticket, he would have his license suspended. Since he sped away, they charged him with felony evasion and the maximum bail of $10,000. Our friend said that we should talk to the DA and ask that if the DUI is dropped, our son would plead to a misdemeanor evasion paying the fine and penalties that go along with that. He said if he is convicted of a felony that this would be on his record for the rest of his life and bar him from working for the government and some other types of jobs. Will the DA talk to us or should we hire a lawyer?
Hello Bob! I wanted to know how to obtain info on Ca laws related to auto theft and felony charges. I was recently arrested! And my charges were auto theft, which is a felony. I borrowed the auto-mobile from a friend; so Im trying to figure out how to resolve this issue. The car also his company car, we have no knowledge of this. The company has went bankrupt about a month ago...so...anyways sir; please provide any info if you can. Thank you very much for your time. I appreciate greatly sir.
I'm 16 and had no license or insurance and got pulled over. The police gave me a breathalizer and had a alcohol level of 0.11.I took the blame for my friend who was drunk and was driving at the time. I was wondering if it is possible for him to come with me to court to switch it under his name for driving since we switched seats when we got pulled over. When i appear before court i was wondering how much the fines would be and how long would it be until i can get a license.
Absolutely take your friend with you. That way they'll be able to see just what a friend you are. If the system works the way it's supposed to, this is going to cost you a couple thousand dollars, you won't be able to get a license until you're at least 18, maybe 21, and if you do get a license, the insurance is going to cost a ton.
To test your "friend's" love for you, see if they are at least willing to reimburse you for the bucks you are going to pay.
Have your parents contact me. We need to talk. LOL.
My son lost his license for dwi for 10 years. He does not drive anymore
or own a car. Sometimes his friend who also lost his license for 10
years who does have a car and does drive, picks him up from his house
and drives him to his home. If Kevin ever gets stopped for unlicensed
driving and my son is in the car (they are both 30 years old) will
charges be brought again my son also for being in the car? I am concerned
about this. Could you please email me on what could happen? Kevin
is not drinking and driving but is driving with my son in car. Would
he be an assoritory of some kind?
If you would like to, anonymously, give me his name and address, we can get his situation dealt with.
Good luck to us all.
My teenage sister recently received a speeding ticket for going 51 in a 35. Her court date is scheduled for three days before her 18th birthday. Our mom is under the impression that my sister should not pay to go to traffic school because her record will be wiped clean on her 18th birthday. I don't think this is true and that my sister should go to traffic school to protect her driving record. Who is correct?
The DMV response:
What did you do that motivated him to go so far as to research your
1) The increasing number of persons being convicted of DUI for driving under the influence of prescription medications.
2) If a person runs a red light during the DMV driving test, they fail the test and will not be issued a license. If a person successfully completes the DMV driving test, receives their license and the next day runs a red light, they will not lose their license but will be allowed to continue driving after paying a $270 fine. Why don't they lose their license? Or, stated another way - Why do we fine traffic violators instead of taking away their driving privilege? Not being allowed to drive for even a month would have a far greater impact on someone than paying a $270 fine. Could it be that the State depends on traffic violations for funding? Would that mean that the entity which issues driver licenses (the State) has a vested financial interest in those drivers violating the law?
3) For discussion - What is the purpose of the Vehicle Code?
4) Similar debate format as above - What is the purpose of driver licenses? Answer - To assure that only qualified drivers are allowed on the road. Response - Licensing drivers doesn't work. Anyone who travels the road knows that there are innumerable people driving who are obviously not qualified or not able or not willing to do so safely. Why are these people not removed? Do driver licenses actually accomplish anything worthwhile?
5) There are 21 million licensed drivers in California. Each of
them violates the Vehicle Code numerous times every time they drive.
One challenge law enforcement faces is the necessity of stopping and
identifying each driver they wish to cite. This severely limits the
number of enforcement opportunities they have each day. Why not have
an identifier, similar to the license plate, which tells law enforcement
who is driving the vehicle at the moment? The identifier would be changed
as the driver changes
6) Since California law requires that all drivers have liability insurance, why do insurance companies still offer coverage called "under-insured motorist" and "un-insured motorist?"
Let me know how you do.
thanks in advance
Yes. This has been an issue as long as I have been dealing with radar. Outside of the property owner demanding the police office leave, there is nothing to restrict a person of any profession from standing on the property. Unless of course the issue comes up of trespass, in which case the property would have to be properly posted and the property owner would have to physically ask the officer to leave.
Would we prohibit a cardiac specialist (M.D.) from standing on the edge of a roadway where joggers run every day offering to save someone's life if they happen to have a heart attack while jogging? Why is that so different from a police officer offering to remind drivers that speeding could kill someone? (Please excuse the soap box) If the person asking the question wants a true answer to the question, the only way to find out is to locate a police officer between two trees, speed past him, accept the citation and take it to court. If the basis for the defense is the location at which the officer was standing and the defendant wins, I will offer my apologies. I am not a lawyer, but I have been doing this for a while and the subject has come up before.
Well turns out that I found a buyer and called the sheriff's dept to find out what paperwork the buyer and I needed to furnish them with in order to get a release for the car and they said that the car can't be released even then is that true?
I can't seem to get a straight answer from anyone, I thought that if the title is transferred then the new owner can retrieve the vehicle??? Where can I go to find out exactly what is needed to get the vehicle out with or without a different owner? This is a nightmare!!! Please advise ASAP thank you!
I'm a visitor from China and rent a car during my trip in Califonia. The police gave me a ticket and with 2 violation
1/ Unlicensed driver
Because I'm not a English-speaker, I don't know the meaning of Unlicensed Driver.So that I explain it to you.I had a Chinese drive license and really didn't know that I could not drive in Califonia unless the policeman told me. I rent cars both in Califonia and Ohio, I showed my driving license(issued in China and validity till year 2006) when I rent the cars the gentleman of car company didn't tell me. I went to the US several times before, and saw our Italian friends and Canadian Friends how to rent car, it really so convinient in the US.
I was scared when the police stopped me and speak loudly. Please kindly let me know how can I get a license and what is the penalty. Am I will put in jail?
The second question is that, I have to leave the US on last Thursay according to my flight ticket and don't know if and when I have the oppotunity to come the US again.
Because of regulation of control of foreign currency in China, I have problem to send checks in $US to pay the penalty. Is it possible for me the pay it later. I promise I will do it, Should I can come to US.
Please kindly let me know what shall I do.
Thanks a lot in advance
I was so happy to find this web and oppotunity to contact you, it's really good system which we don't have in China.
I am sorry that the police officer frightened you by speaking loudly. Sometimes people speak loudly when the other person doesn't understand. This is a combination of frustration and thinking that maybe the other person has a hearing impairment.
You will not go to jail.
Look on the citation, probably at the bottom, for a website address for the court. Many times you can deal with this through the website if you just want to pay the citation. You should be able to pay with a credit card. You do not have to wait for the court date on the citation to deal with it. Approximately 10 days after you received the citation, it should have been in the system and you can then deal with it through the website or in person at the court.
I hope that the rest of your trip was pleasant.
22100(a)(3) says - Upon a highway having an additional lane or lanes marked for a right turn by appropriate signs or markings, the driver of a vehicle may turn right from any lane designated and marked for that turning movement.
The above section says nothing about turning on a red light.
21453(b) - Except when a sign is in place prohibiting a turn, a driver, after stopping as required by subdivision (a), facing a steady circular red signal, may turn right, or turn left from a one-way street onto a one-way street. A driver making that turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the driver, and shall continue to yield the right-of-way to that vehicle until the driver can proceed with reasonable safety.
The above section says nothing about double lane situations.
There is no section that specifically refers to a double right turn lane situation and turning on a red light. Therefore, it is not illegal to make such a turn. I have had others tell me that they have received a warning not to make such a turn, but no one has told me what Vehicle Code section would be used to issue a citation and no one has told me they were actually cited.
21107.8. (a) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained offstreet parking facilities as described in the ordinance or resolution within the city or county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city or county of the ordinance or resolution, Sections 22350 (appropriate speed), 23103 (reckless driving), and 23109 (racing) and the provisions of Division 16.5 (commencing with Section 38000)(off-highway vehicles) shall apply to privately owned and maintained offstreet parking facilities, except as provided in subdivision (b).
(b) Notwithstanding the provisions of subdivision (a), no ordinance or resolution enacted thereunder shall apply to any offstreet parking facility described therein unless the owner or operator has caused to be posted in a conspicuous place at each entrance to that offstreet parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the offstreet parking facility is subject to public traffic regulations and control.
(c) No ordinance or resolution shall be enacted under subdivision (a) without a public hearing thereon and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved.
(d) Section 22507.8 may be enforced without enactment of an ordinance or resolution as required under subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required under subdivision (b).
(e) The department shall not be required to provide patrol or enforce any provisions of this code (Vehicle code) on any privately owned and maintained offstreet parking facility subject to the provisions of this code under this section except those provisions applicable to private property other than by action under this section.
Hope this helps.
What do you do if your breaks fail?
First thing is what NOT to do. Do not turn off the ignition. Doing so would turn off the power steering and could lock the steering wheel.
Second, consider that maybe the POWER ASSIST has failed rather than the complete brake system. In this case, it would simply require more power to apply the brakes. Try using both feet.
Otherwise, in rapid succession:
1) Take your foot off the gas
2) Pump the brakes
3) Down shift to reduce speed
4) Shift into neutral
5) If 1) through 4) are not working, SLOWLY apply the parking brake (previously, but no longer, known as the emergency brake)
6) Worst case, shift into Park. This can cause serious transmission damage at high speeds, but what can you do?
7) If on a freeway, move to the right side of the roadway so you can coast to a safe stop on the shoulder
8) If you are on a downhill and 1) through 6) aren't working quickly enough, attempt to slow the vehicle by impacting "soft" things such as bushes; they can slow you with minimal damage.
I have an eight year old little girl who has just informed me that her father wants to take her on his motorcycle. I was explaining how dangerous it is to be a passenger on a motorcycle. I then got curious as to the laws pertaining to passengers on motorcycles.
In a car, children under a certain age or weight have to be belted in a car or booster seat. But, in the most dangerous vehicle,(a motorcycle), there is no limits on anything,except they have to have a helmet.This means that my inexperienced ex-husband who has hardly ever operated a motorcycle, by law, can put my 8 year old, fifty pound little girl on his bike and there is nothing I can do except pray that she doesn't get killed.
With such safety laws when it comes to children, why can't we protect them when it comes to riding on motorcycles? What can I do to provide protection for my daughter when the law doesn't care? How many children will die from riding passenger on a motorcycle before limits will be set?
Waiting with concern,
Bob, she is right. I don't understand why nobody has ever attempted to pass a law requiring a certain age limit before you can ride as a passenger on a motorcycle. I never could understand why so-called "adults" would jeopardize their own children. The word buffoon comes to mind when parents do such things. I guess the only thing to do is to make sure that the child is wearing protective clothing and a helmet.
And from an Orange County Sheriff's Sergeant:
And from Bob, personally:
The very existence of motorcycles as a means of transportation on the same roadways as huge SUVs and semi-trucks is foolishness. The fact is, in a crash, mass wins and this emphasizes the problem. The statistics regarding death and injury on motorcycles involved in traffic collisions are ridiculously high and rising. But, for a while longer yet, this is still America and each of us has the choice whether we will ride such a vehicle in such conditions. When a child is involved, it is the responsibility of the parents to protect that child. Laws are not the solution to anything, unless they are consistently and diligently enforced and since most are not, tens of thousands of people die in traffic annually in the U.S.
I believe that your last sentence is the true heart of the problem, legally speaking. Until we have a pile of dead children sufficiently high to attract the attention of the legislators, there will be no change in the law.
The presumption is that parents are adults, possessing mature attitudes and with sound judgment. When a parent puts their own child at risk, whether it be by leaving poison on a kitchen counter, having a vicious dog in the house or putting that precious bundle on the back of a motorcycle, it is obvious that the parent in question is themself still a child.
We all have some childhood trauma which haunts us throughout our life and many times contributes to a lifetime of suffering, either physically or mentally. Your sweet little girl will have hers.
You chose this person to be the father of your child. I pray with you that he will, by some miracle, not damage her permanently.
I put the question to 3 separate law enforcement agencies - you know, the men and women who will decide whether to cite a driver for driving unlicensed - the following are their responses:
Response #1 -
This is a scam. Somebody is apt to lose $147.00 of their hard earned cash. A driver from a foreign country is treated much like a driver from another State in the USA. The driver license issued in their homeland is valid in California for a short period of time, as long as it is accompanied by their passport. Of course, a Nebraska resident doesn't have to carry a passport, but a resident of Bangladesh does. The Department of Motor Vehicles in California does not honor anything like an "International Driver License" except a "Diplomatic" license. I would imagine, one must be employed by the diplomatic corps of the country from which they are visiting. An international license may be valid in other States, but this offer should probably be accompanied by a set of ginzu knives too.
Response #2 -
Never heard of them or seen them before. In California, a resident MUST get a California drivers license within 30 days of residency. Therefore, if that is valid, a person residing in this state has 30 days to get a California license or they will be arrested under 12500 CVC - unlicensed driver and their vehicle will be subject to 30 day impound. Hope that helps.
Response #3 -
The basic laws apply to international licenses as they do to an out-of-state license... meaning...If you are a resident in this state you have 30 days in which to get a California license. An int'l license is only good if that driver has a license issued from his HOME country along with the int'l permit. Without it, he is driving unlicensed.
Bob adds: In Vehicle Code section 12501 it states that, other than farmers driving across a road on a tractor, etc. or a person off-roading, the only resident drivers not required to get a California license are an officer or employee of the United States, while operating a motor vehicle owned or controlled by the United States on the business of the United States, except when the motor vehicle being operated is a commercial motor vehicle...
Remember that all traffic laws, including licensing of drivers, are passed and enforced at the state level and the state is under no international obligation to accept any other jurisdiction's license except by choice. California has chosen to have the following rules regarding non-residents:
12502. (a) The following persons may operate a motor vehicle in this state without obtaining a driver's license under this code: (1) A nonresident over the age of 18 years having in his or her immediate possession a valid driver's license issued by a foreign jurisdiction of which he or she is a resident, except as provided in Section 12505. (2) A nonresident having in his or her immediate possession a valid driver's license, issued by the Diplomatic Motor Vehicle Office of the Office of Foreign Missions of the United States Department of State, for the type of motor vehicle or combination of vehicles that the person is operating. (b) Any person entitled to the exemption contained in subdivision (a), while operating, within this state, a commercial vehicle, as defined in subdivision (b) of Section 15210, shall have in his or her possession a current medical certificate of a type described in subdivision (c) of Section 12804.9, which has been issued within two years of the date of operation of that vehicle. 12503. A nonresident over the age of 18 years whose home state or country does not require the licensing of drivers may operate a foreign vehicle owned by him for not to exceed 30 days without obtaining a license under this code. 12504. (a) Sections 12502 and 12503 apply to any nonresident over the age of 16 years but under the age of 18 years. The maximum period during which that nonresident may operate a motor vehicle in this state without obtaining a driver's license is limited to a period of 10 days immediately following the entry of the nonresident into this state except as provided in subdivision (b) of this section. (b) Any nonresident over the age of 16 years but under the age of 18 years who is a resident of a foreign jurisdiction which requires the licensing of drivers may continue to operate a motor vehicle in this state after 10 days from his or her date of entry into this state if he or she meets both the following: (1) He or she has a valid driver's license, issued by the foreign jurisdiction, in his or her immediate possession. (2) He or she has been issued and has in his or her immediate possession a nonresident minor's certificate, which the department issues to a nonresident minor who holds a valid driver's license issued to him or her by his or her home state or country, and who files proof of financial responsibility. (c) Whenever any of the conditions for the issuance of a nonresident minor's certificate cease to exist, the department shall cancel the certificate and require the minor to surrender it to the department.
Bottom Line? If a drunk or any other irresponsible driver has had their license suspended or revoked, there is no legal way around the fact that they are not allowed to drive - period.
Response from the DMV:
The way that the International License being "hawked" on the Internet is a scam. They certainly may be of value if you are traveling/driving Internationally, HOWEVER, if the California driving privilege is suspended or revoked you are still subject to the penalties associated with such an offense, even with an International License (California's actions are taken against the driving privilege as opposed to the document itself) - thus one with a revoked license could spend the money, obtain the International License, and still subject themself to fine, imprisonment and impoundment/forfeiture of vehicle. Of course there may be some defenses down the road and in court which they would not have if they did not have the International License - but it would still be at risk of fine, imprisonment and loss of vehicle, to say nothing of the exorbitant costs.
Law Enforcement responds:
California Vehicle Code 27600 states that thou shalt not spray mud. Therefore, mudflaps or extended fenders may be used to keep that from happening. "....and all such equipment or such body or attachments thereto shall be at least as wide as the tire tread." There are of course, limitations regarding maximum vehicle width, pilot cars, permits etc. But the non-heavy equipment type vehicle is not allowed to have the tires extending past the wheel wells or mudflaps.
HAHAHAHAHAHAHAHAH!!!!, wait, wait, let me catch my breath. OK, I'm all right now. Isn't it unbelievable what laws people will create to attempt to justify their selfish, self-serving acts? Do you remember the one a few years ago that supposedly said that if the driver in front of you made a complete stop at a stop sign that you didn't need to? People swore to me that it was true. There is no such law as the California Comfort Law. City ordinances provide the most specific guidance regarding this topic. Take the city of Anaheim as an example - No vehicle shall occupy more than one parking space in any parking lot within the City of Anaheim. (14.32.140 A.M.C.) Also note 14.32.170 - No vehicle shall be parked in any city owned parking lot across any line or marking of a parking space in such a way that the vehicle is not within the lines or markings.
I guarantee you that the person who whipped up this fantasy and the people who gleefully believe it drive the largest vehicles they can afford and probably in the most obnoxious manner imaginable. When existing laws don't please them, such people create the laws they want and act accordingly. Are you beginning to understand how people justify their lousy driving to themselves?
I am going to take care of the violations promptly - but I would really like to know if the DMV can keep information from my refused application.. would be very grateful to hear your thoughts on this or any information you could point me to.
Love your site!
This may sound technical and not be especially the answer your inquirer wants to hear, however, once the application is submitted, even if the application is refused, the information although it is "personal information" becomes the DMV's information - DMV is required to maintain confidentiality which is governed by the Vehicle Code. In fact, after a period of time, (Section 1807 regarding destruction of records) if there are no further applications or contacts, the information is purged (deleted from the system).
If you never drive in California and you have no offenses or accidents in California you will not have a California record. However, even if you do not have a driver license or Identification Card, if you either have an accident, violation or other driving related incident then a record will be created and kept for a reasonable period of time (this varies, for example a one point ticket might remain on a record for only three years, a failure to appear in court on that ticket for at least five years a DUI or DUI failure to appear remain for at least 7 on the public record and at least 10 on the departmental record - to a commercial driver with a lifetime disqualification for a specified second major offense in a commercial vehicle). In sum, it all depends....
If he had waited a little longer there might have been no record. As I attempted to access the number provided, I was unable to find a record. Maybe it has already been purged or combined with a California number. The fact is, if you (Or anyone) drive in California with or without a license and something happens there will be a record which is created. The severity of what occurred and the necessity for retention will determine the length of time the record is maintained.
The information which is provided the department in conjunction with an application, citation, accident, etc., becomes the department's information (even though it is about the person) and it is no longer the person's information it is only the department's information about the person....
I hope this is somewhat helpful.
This won't affect your driving privilege but if it happens again, it will affect whether you own a car. Whenever someone asks to drive your car, always ask to see their license. DMV guidelines now require that a driver with a suspended license must return the license to the DMV during the period of suspension.
hello bob here me again,
gujarati, but this rules might be diffecult to understand in gujarati.
The DMV responds:
Hope this is of some help.
The best advice I can give you is to follow the instructions in The BobSaid Method for Passing the DMV Written Test. A link to it is found at the top of each test on the site.
Take your time. Read each question until you understand what topic the question is about. Read all of the answers. If you absolutely have no idea what the answer is, discard any answers which are obviously wrong and then guess from the remaining answers. Answer every question.
Let me know how you do. I'm with you.
Hey!! You are AWESOME! Congratulations!!!!!!
I'm very proud of you.