Driving Is A Privilege, Not A Right
A driver license shows that you have been given permission by the State of California to drive on public roadways. You will receive a license after you have paid the fee, correctly answered questions about the law and safety rules, shown that your physical and mental condition is satisfactory, demonstrated your ability drive safely, and have no outstanding actions on your driver record. If you have a medical problem or disability, the department may require you to take a driving test and/or present a statement from your physician regarding your condition.
The privilege to drive is allowed to only those who can show the ability to operate a vehicle in a competent and responsible way.
License Refusal
The department will take the strongest action possible against anyone who alters or otherwise attempts to falsify a driver license. DMV may also refuse to issue you a license if you:
| Have a history of alcohol or drug abuse. |
| Have used the license illegally. |
| Have lied on your application. |
| Do not understand traffic laws or signs. |
| Do not have the skill to drive. |
| Have a health problem that makes your driving unsafe. |
| Have a failure to appear (FTA) or failure to pay (FTP) for a traffic
citation on your driving record. |
| Have not complied with a judgment or order for family support
payments. |
| Use a crib sheet for any examination for a license. |
| Impersonate or allow someone else to impersonate an applicant to
fraudulently qualify for a license. |
| Refuse to give a thumb print. |
| Refuse to sign the certification on the application (DMV form DL
44). |
| Submit a fraudulent birth date/legal presence document or social security document. |
Violation of License Restriction
You can be fined and jailed if you drive with a suspended or revoked license and your vehicle may be impounded. When DMV tells you that your license has been suspended or revoked, the court believes you know about the suspension or revocation.
Driver Education and Training- Amendment to CVC 12509
The minimum age for issuance of an instruction permit is 15 years, 6
months.
The Department, for good cause, may issue an instruction permit to any physically and
mentally qualified person who meets the following requirements and who applies to the
Department for an instruction permit:
Is age 15 years and 6 months, or over and has successfully completed an approved course in automobile driver education and is taking driver training or is enrolled and participating in an integrated driver education program.
Effects of Convictions/Collisions
Your license can be taken away if you break the law or become an unsafe driver.
When you are stopped by a police officer and cited for a traffic law violation, you sign a promise to appear in traffic court. There you may plead guilty or not guilty, or you may forfeit (pay) bail. Paying bail is the same as a guilty plea.
If you ignore the traffic ticket and don't keep your promise to appear in court, the failure to appear (FTA) goes on your driver record. If you fail to pay a fine (FTP), the court will notify DMV and this will also show on your driver record. Even one FTA or FTP will cause the department to suspend your license. Ending the suspension costs you a reinstatement fee of $55.
Each time you are convicted of a moving traffic law violation, the court notifies the DMV. A record of this conviction is placed in your driver license file.
Point Count Determination
The department keeps a public record of all your traffic convictions and collisions. Each occurrence will stay on your record for 36 months or longer, depending on the type of conviction.
A traffic conviction for driving unsafely counts as one point. Any "at fault" collision is normally counted as one point. Two points are charged against you if you are convicted of reckless driving, of driving under the influence of alcohol/drugs, or hit-and-run driving, of evading a peace officer, of driving while suspended or revoked, or of driving on the wrong side of the road. This list is not all-inclusive.
If you get too many "points," you will lose your driver license.
Remember, the more traffic convictions you have, the more likely you are to have a collision.
You may be considered a negligent operator of a motor vehicle when your driving record shows any one of the following "point count" total regardless of your license class:
| 4 points in 12 months| 6 points in 24 months | 8 points in 36 months | |
If you receive certain convictions while operating a commercial vehicle, you will be charged 1 1/2 times as many points.
Actions: Probation, Suspension, Revocation
Suspension or Revocation by DMV:
If you get too many negligent driver points, the department will suspend your license for six months and place you on probation or revoke your driving privilege. You are entitled to a hearing if you request it before the effective 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 and placed on probation or it will be revoked. At the end of the suspension or revocation period, you may apply for a new license if there are not other stops on your record. You must also show proof of financial responsibility.
Suspension of a driver license by a court also may result from conviction of one of the following:
| Driving under the influence of alcohol or drugs| Hit-and-run | Failure to stop as required at a railway grade crossing. | |
Regardless of point count, many serious offenses in which a vehicle is used are punishable by heavy penalties such as fines and/or imprisonment. Examples are felony drunk driving, felony grand theft, manslaughter, and driving under the influence of narcotics or other dangerous drugs. The department usually has to suspend or revoke the offender's license.
The Law: Probation, Suspension, Revocation
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