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  1. #1
    Join Date
    Jul 2011
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    Default Breaking Provisional License Restrictions in California

    My question involves a driver's license issued by the State of: CA
    I am a provisional licensed driver and received a ticket for the infraction CVC 12814.6(b)(1), or breaking the provisional driving curfew. I read on a different thread that the penalty for this would be a small fine or community service:

    "(d)
    (1) Upon a finding that any licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following:
    (A) Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense.

    (B) A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense.
    (2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed.

    (3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense."

    However, as i continued to read through the thread, I came across this passage from the CA vehicle code which i was unable to understand:

    "(1) The driving privilege shall be suspended when the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until any notification issued pursuant to Section 40509 or 40509.5 has been cleared."

    What is the meaning of the above passage?

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Breaking Provisional License Restrictions in California

    Quote Quoting jackwackus
    View Post
    However, as i continued to read through the thread, I came across this passage from the CA vehicle code which i was unable to understand:

    "(1) The driving privilege shall be suspended when the record of the person shows one or more notifications issued pursuant to Section 40509 or 40509.5. The suspension shall continue until any notification issued pursuant to Section 40509 or 40509.5 has been cleared."

    What is the meaning of the above passage?
    CVC 40509 & CVC 40509.5 grant the courts the authority to be able to notify the DMV of your failure to appear and/or pay a fine in a timely manner as ordered by the court. The department (DMV) would then be required to suspend your driver's license and the suspension will remain in effect until notice is sent from the court to the DMV notifying them that the conditions set by the court have been satisfied at which time, the DMV can then remove the hold (suspension). Keep in mind that if there is a hold, and even if it was subsequrntly removed, you are still required to go to the DMV to take the driving test and pay the DMV fee before your driving privilege is reinstated.

    It is nothing that you'd have to worry about if you appear in court on the date noted on your citation and as long as you comply with any and all orders of the court regarding fine payment, community service... etc!

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