Regarding the 12 Month Restrictions on a Provisional License

[MZZ3]

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


I am a minor (17 years old) and was pulled over for driving too slow on the freeway with my friends in the car who are also minors. I have been driving for about 14 months since October of 2018. The officer wrote me a ticket for driving with minors in the car.

My ticket says: 12814.6 (b)(1)(b)
Violation of Provisional License Restriction

After looking at the DMV website about my provisional restrictions, the website states that my restrictions are for the first 12 months since the issue of the license. The officer used the issuance date of my current license as grounds for my ticket. The issuance date of my current license is July of 2019 since I applied for my Real ID and got a new license. However, my first license has the issuance date of October of 2018. So i'm guessing that the officer used the July 2019 issuance date on my current license and assumed that I have only been driving for 5 months.

So my question is that will I still be liable for my license violation even though I have been driving for over 12 months and the DMV website stating that my restrictions last only for the first 12 months of getting my license?

[budwad]

When you called the DMV and asked them (assuming you did) what did they say? Is your new license also Provisional?

[MZZ3]

I haven't called the DMV, I just looked at the regulations on their website.

[flyingron]

The law says 12 months from the date of issuance. The date of issuance on your license was when your new license was issued. However, I suspect the REAL ID-based reissuances are a popular problem. I'd be intereted in what the DMV says.

I'd certainly appear on this and challenge it. It's certainly not the intent to restart the clock over clerical changes.

[MZZ3]

I'll call the DMV on Monday since they're closed on the weekends and come back say what the DMV says.

[MaltbyMark]

I don't see the point in asking the DMV, they are not lawyers. The issue seems to be black letter law and the OP is not in violation of state law

During the first 12 months, a minor cannot:

Drive between 11 p.m. and 5 a.m.
Transport passengers under 20 years unless accompanied by a licensed:
Parent or guardian.
California driver 25 years old or older.
Or certified driving instructor.

I hope the OP kept his previous DL to ease proving his arguement to the judge that his 12 month restricted period ended in October 2019, 12 months after the issuance of the first DL. Go tho court and plead your case.
https://www.dmv.ca.gov/portal/dmv/de...t_facts/ffdl19
http://leginfo.legislature.ca.gov/fa...ionNum=12814.6.

[jk]

I don't see the point in asking the DMV, they are not lawyers. The issue seems to be black letter law and the OP is not in violation of state law



I hope the OP kept his previous DL to ease proving his arguement to the judge that his 12 month restricted period ended in October 2019, 12 months after the issuance of the first DL. Go tho court and plead your case.
https://www.dmv.ca.gov/portal/dmv/de...t_facts/ffdl19
http://leginfo.legislature.ca.gov/fa...ionNum=12814.6.

i don’t know how california does it but in my state they require you to turn in your existing license when obtaining a new one. Possession of more than one license is illegal (in my state). If California works in similar fashion, op would have turned in his license when obtaining his RealID license.


op can get a record of his license history from the dmv. He should get an official copy of his record for when he goes to court for,this so he can prove he had held a license for more than 12 months at the time of the ticket.

[MaltbyMark]

i don’t know how california does it but in my state they require you to turn in your existing license when obtaining a new one. Possession of more than one license is illegal (in my state). If California works in similar fashion, op would have turned in his license when obtaining his RealID license.


op can get a record of his license history from the dmv. He should get an official copy of his record for when he goes to court for,this so he can prove he had held a license for more than 12 months at the time of the ticket.

You're right, I assumed California just punched the old DL.

[flyingron]

I don't see the point in asking the DMV, they are not lawyers. The issue seems to be black letter law and the OP is not in violation of state law



I hope the OP kept his previous DL to ease proving his arguement to the judge that his 12 month restricted period ended in October 2019, 12 months after the issuance of the first DL. Go tho court and plead your case.
https://www.dmv.ca.gov/portal/dmv/de...t_facts/ffdl19
http://leginfo.legislature.ca.gov/fa...ionNum=12814.6.

Sorry, the above stuff is NOT the law. The law is 12814.6(b)(2) and that says twelve months from the date of issuance of his provisional license. The reason I suggested to ask the DMV is that they likely have a way to show the original provisional issuance rather than the reissued license (which shows the date that particular one was issued).

[MZZ3]

No, California doesn't take your old license when you get a new one. Your old license just gets invalidated and can't be used anymore. I do have my first license, but it was at home when I got ticketed so I couldn't prove it to the officer.