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Re: Will we get prison for out of state driver's license?
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Posted by theGens (more from theGens) on Wed, 11 Jul 2007 08:22:23 Share Post by Email
In Reply to: Will we get prison for out of state driver's license?, Huh?, Mon, 9 Jul 2007 08:27:23
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I am not a lawyer, but I just perused the law via the link that "not a lawyer" posted above. It looks to me that the requirement to have a California drivers license depends on the specific facts of the case -- and more specifically on whether your son has established residency here or not.

As I read the law, one must get a California drivers license within 10-days of establishing residency in the state of California. Read the section on residency to get a sense of whether or not your son has established residency.

(I didn't see anything about a standard for being under 24-years old, but I didn't read everything carefully.)

Is he registered to vote in your home state? If so, that helps with the argument that he has not established residency. Are there other facts that indicate he intends to return to his home state when he finishes school (for example, does he come home every summer?) That, too, would help establish that he is not a California resident. On the other hand, his California address on his out-of-state driver's license does not help. (But, it doesn't prove that he is a resident either, particularly if he has a good explanation on why that address is on his out of state license.)

If your son were to go to court with a cooperative attitude, I cannot imagine that a judge would do anything that would establish a record that would hurt him in his later life.

If, after reading the code, your son thinks that he isn't a California resident, then he should just explain that to the judge but at the same time indicate that if the judge disagrees with his analysis, he would be happy to get the California license and re-register his car. On the other hand, if after your son reads the code he believes that he has established residency in California, then he should immediately get a California license and re-register the car. In either case, he should make it clear to the judge that he wasn't aware of the requirements and that he wants to make sure that he will have no criminal record. If you son doesn't act like a jerk, I can't imagine that the judge wouldn't be sympathetic.


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