Can You Drive After Applying for Renewal if Your Physical License is Expired

My question involves a driver's license issued by the State of California

I am attending college in CA and I have a Florida Driver's license that expires in 9 days. I have already submitted and been approved for my request online to renew my Florida license (which they said would arrive in 7-10 business days), so I was wondering if I am allowed to drive after my license expires if I can show proof I have a valid license on the way (I thought I had read somewhere that as long as you can prove you had a valid license, even if it wasn't necessarily in your possession, you're fine, but that may have been malarkey...). Any help would be appreciated, thanks! I'd rather not be confined to my apartment over Thanksgiving break.

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Quoting CAcollegestudent

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My question involves a driver's license issued by the State of California

I am attending college in CA and I have a Florida Driver's license that expires in 9 days. I have already submitted and been approved for my request online to renew my Florida license (which they said would arrive in 7-10 business days), so I was wondering if I am allowed to drive after my license expires if I can show proof I have a valid license on the way (I thought I had read somewhere that as long as you can prove you had a valid license, even if it wasn't necessarily in your possession, you're fine, but that may have been malarkey...). Any help would be appreciated, thanks! I'd rather not be confined to my apartment over Thanksgiving break.

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If all you have to show is an expired license then you're clearly void of proof of a valid license (until you receive the new license in the mail) . The better question is going to be is if you are attending college in CA then there is a strong likelihood that you should be surrendering your FL license and obtaining a CA license instead!

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Quoting That Guy

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The better question is going to be is if you are attending college in CA then there is a strong likelihood that you should be surrendering your FL license and obtaining a CA license instead!

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If they claim residency in another state, no, they do not have to obtain a Florida license. There are other things that can require they obtain a FLorida license though such as obtaining employment in Florida.

If you are stopped and cannot present proof of a valid license, you will be in violation of VC 12500(a) which CAN be charged as a misdemeanor, but rarely is. Do not count on the officer running your license from FL because some agencies are too busy to do this and during certain times of day or late at night the CLETS interface with these other states' DMV systems can be slow or down for maintenance.

And the student can be considered a resident in CA and required to obtain a license here if other factors exist. All because the student CLAIMS to be a resident of another state does not mean that he is. For instance, if he is registered to vote in CA, pays resident tuition, or claims CA as his state of residence on income taxes, then he could be required to have a license here. Not all students are permitted to retain their out of state licenses. In my experience most students do obtain CA licenses if they intend to be here more than a couple of years ... it tends to avoid this sort of problem as well as potential employment issues.

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Quoting jk

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If they claim residency in another state, no, they do not have to obtain a Florida license. There are other things that can require they obtain a FLorida license though such as obtaining employment in Florida.

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You mean CA right? :)

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Quoting cdwjava

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And the student can be considered a resident in CA and required to obtain a license here if other factors exist. All because the student CLAIMS to be a resident of another state does not mean that he is. For instance, if he is registered to vote in CA, pays resident tuition, or claims CA as his state of residence on income taxes, then he could be required to have a license here.

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To add to that as it is defined under section 12505 of the vehicle code, any acts, occurrences, or events that indicate presence in the state is more than temporary or transient can be considered as prima facie evidence of residency in California.

That's too general a terminology to rebut by simply making a claim!

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Quoting free9man

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You mean CA right? :)

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edited.

I don't know what the hell I mean.:o


I was speaking to if he was going to fl college and was a CA resident, he wouldn't have to get a FL license, at least based only on the presence in the state for college.

For some reason I read it backwards.

Yes, from the way I read it, I don't need to get a CA license at this time. I'm a med student, so I'm taking out loans and will not be employed, and I voted as a Florida resident absentee. I'm guessing, though, that an officer probably wouldn't be satisfied if I were to carry around, say, a receipt of my online transaction? I'm probably sounding very naive here, I know.

well, it is currently 8 business days before Thanksgiving. It is supposed to be to you by then so your T-giving plans should not be affected.

You said you also have 9 days until your current license expires so that gives you one or two days to actually be concerned with.

Two things:

don't do things that would cause a cop to pull you over

consider sticking around home for those couple of days just to avoid the possible problem.

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Quoting CAcollegestudent

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Yes, from the way I read it, I don't need to get a CA license at this time. I'm a med student, so I'm taking out loans and will not be employed, and I voted as a Florida resident absentee. I'm guessing, though, that an officer probably wouldn't be satisfied if I were to carry around, say, a receipt of my online transaction? I'm probably sounding very naive here, I know.

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Its been a while since I went to med school so you'll forgive the inquiry... Heh...

You're a med student here in California and yet you're not claiming to be a resident of California? and you are in fact paying non-resident fees to med school?

You did mention an apartment... Are you leasing it for six months or more? If yes, then you can be considered a resident.

You also mentioned driving, presumably your car... Is it registered in FL or in CA?

Any of those qualifiers can be used to deem you a resident of California... But let's skip that for a minute, and maybe Carl can correct me on this, if I am wrong...

If you do get pulled over (highly unlikely really unless you end up driving through a DUI checkpoint and raise an eyebrow... So you never know)... But if you are cited for driving on an expired license and while the citation maybe correctable (provide proof of a valid license pay an administrative fee of $25 and it gets dismissed), the code section you are cited for states the following:

12500. (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.

So you later get your FL license and present it to the court for the correction, but a FL license is not a license issued under ^^THIS^^ code, meaning the CALIFORNIA Vehicle Code! Now what?

Well, unless the judge wants to be real nice and let it go off of your FL license (and I don't see how a judge could let it go off of your FL license after asking you "what are you doing here?" and you answering honestly...). Now you're forced to submit your newly issued FL license in exchange for a CA license.