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#1
12-30-2008, 02:59 PM
Junior Member
Joined in Nov 2008
16 posts
805mexican
12502. (a) The following persons may operate a motor vehicle in
this state without obtaining a driver's license under this code:
(1) A nonresident over the age of 18 years having in his or her
immediate possession a valid driver's license issued by a foreign
jurisdiction of which he or she is a resident
, except as provided in
Section 12505.

ok...


12505. (a) (1) For purposes of this division only and
notwithstanding Section 516, residency shall be determined as a
person's state of domicile. "State of domicile" means the state
where a person has his or her true, fixed, and permanent home and
principal residence and to which he or she has manifested the
intention of returning whenever he or she is absent.
Prima facie evidence of residency for driver's licensing purposes
includes, but is not limited to, the following:
(A) Address where registered to vote.
(B) Payment of resident tuition at a public institution of higher
education.
(C) Filing a homeowner's property tax exemption.
(D) Other acts, occurrences, or events that indicate presence in
the state is more than temporary or transient.
(2) California residency is required of a person in order to be
issued a commercial driver's license under this code.
(b) The presumption of residency in this state may be rebutted by
satisfactory evidence that the licensee's primary residence is in
another state.



So my question is...I have a Mexican drivers license(issued by a foreign government), I am currently not cosider a resident of california. I was pulled over by the cops and cited and i don't know if this law applies. I informed him that i was license to drive but he told me that mexican driver license were no good because a lot of people have fake one. Ok. Then told me if i had a passport and i said no? so he said it was fake? ok. I mean what up with that, i told him that the DMV said especifically that if you have another state drivers license or foreing government issued license its valid to drive in California. I mean how in the hell does a police officer argue with me when i comes to know were i reside. He has me for my address and told him i was staying at my parents for the holidays and then he said well thats were you will get a notice to appear. I mean does anyone else interpret that law different? I posted it so you guys can take a look at it and let me know what you think. Besides, I think that someone should take a lawsuit and have this review by CA supreme court or something. I tried to find some cases that could be similiar but no luck. Does anyone know anything related to this.
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