WebTrafficSchool.com
Web Traffic School
SECTION 1.1  (Continued . . . )
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:

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.)
Filled out the application form
Paid the fee
Correctly answered written questions about the law and safety rules
Shown that your mental and physical condition are satisfactory
Demonstrated your ability to drive safely
Have no outstanding actions on your driving record
Provided your Social Security Number and proof that you are in the United States legally (collected for your first license)
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:

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
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.

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 (IID) 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.

IID Pilot Program in the Counties of Alameda, Los Angeles, Sacramento, and Tulare

CVC 23700 establishes a four-county pilot program in the Counties of Alameda, Los Angeles, Sacramento, and Tulare to assess the effectiveness of Ignition interlock device (IID) installation in reducing driving under the influence violations in those counties. This law requires first-time and repeat driving-under-the-influence (DUI) offenders to install an IID for a term ranging from 5 months to 36 months for various DUI violations and for a term ranging from 12 months to 48 months for various DUI violations involving an injury.

Persons in these counties will not have their drivers license suspension or revocation lifted until they show proof of installation of an IID. 

The following is the prescribed duration for the IID and the time starts only after reinstatement or reissue:

(Misdemeanor) violations first offense: 5 months; second offense: 12 months; third offense: 24 months; and fourth offense: 36 months.  

(Felony) violations first offense: 12 months; second offense: 24 months; third offense: 36 months; and fourth offense: 48 months. 

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.

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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