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  1. #1
    Join Date
    Nov 2005
    Location
    Los Angeles
    Posts
    1

    Default Getting aDrivers License Without a Road Skills Test

    Suppose DMV issues (in error) a full drivers licence to someone who only passed the requirements for a temporary permit (but not for the full licence as this requires a road skills test as well).
    Is it legal for that person to drive with this licence? Is there an obligation to notify DMV of its mistake?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,084

    Default Driver's License Issued in California

    Such a theoretical person would seemingly be a legally licensed driver - Assuming this theoretical person lives in California, I don't see anything in the California Vehicle Code which suggests that if you receive your license but believe that there was a mistake in its issuance, the license is rendered invalid or you have an obligation to inform the state of your concerns. (The Code requires you to have a valid license issued under the Code, but I don't read that to mean that the driver has to check to see that all proper steps were taken - I interpret the language as meaning that he just needs (a) a valid license that was (b) issued under the code.)

    Still, were the state to make such a mistake, it is possible that it would discover and seek to remedy the error, and thus this theoretical person should be on guard for a possible notice of suspension or revocation of the license (so as to avoid inadvertently driving on a license that has been suspended or revoked). The wisest course may well be to bite the bullet, explain the situation at the DMV, and take the driving test.

    Of course, were this a real person, they should play it safe and consult a duly licensed California lawyer.

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