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DAP Forums > DREAM Act > The Lounge

for those in CA what do you think about this???

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#1
12-30-2008, 02:59 PM
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805mexican
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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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#2
12-30-2008, 04:39 PM
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RahmanIV
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This refers to drivers with licenses from other states, not foreign governments. Drivers with licenses from other states can drive in California without a California license, as long as they are licensed in that state. All states require residency to obtain driver's license so the part about requiring residency is redundant.
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#3
12-31-2008, 04:00 AM
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sorry rahman! but in the CA DMV booklet which you can see on the link..
http://www.dmv.ca.gov/pubs/dl600.pdf

Page 2 it states clearly that, "Adults Visiting California
Visitors over 18 years old with
a valid driver license from their
home state or country may drive in
California without getting a driver
license as long as their home state
license remains valid."

So now as you can see i really don't know who to believe? what do you still think that i am misinterpreting? Does any one else have the same problem? I am going to take this question to the jugde and maybe appeal the decision if i lose my case. Why? its not my fault i was caught driving on the road with a Mexican Driver license (yes a valid license from my home country) well i don't think i got much to loose since i am consider a non resident in CA. God help me...I hate double standards...

what do you guys think?? Help someone...any one know or have cases similiar?
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#4
12-31-2008, 06:16 PM
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Quote:
Originally Posted by 805mexican View Post
sorry rahman! but in the CA DMV booklet which you can see on the link..
http://www.dmv.ca.gov/pubs/dl600.pdf

Page 2 it states clearly that, "Adults Visiting California
Visitors over 18 years old with
a valid driver license from their
home state or country may drive in
California without getting a driver
license as long as their home state
license remains valid."

So now as you can see i really don't know who to believe? what do you still think that i am misinterpreting? Does any one else have the same problem? I am going to take this question to the jugde and maybe appeal the decision if i lose my case. Why? its not my fault i was caught driving on the road with a Mexican Driver license (yes a valid license from my home country) well i don't think i got much to loose since i am consider a non resident in CA. God help me...I hate double standards...

what do you guys think?? Help someone...any one know or have cases similiar?
Are you a visitor? Do you have a valid visitor's visa? Just pay the fine and move on buddy.
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#5
12-31-2008, 08:25 PM
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^I second what lilbawler says.

The word "visitors" has a double meaning in regards to licensing and residency. In the case of U.S. citizens and permanent residents it means simply visiting the state, as in just temporarily living in California while you maintain your primary residence in another state.

For foreigners, the term "visitors" means actually having the legal right to visit the country, i.e. having a temporary visitor visa. As such, California is one state that allows these "visitors" to drive without obtaining a California license.

In both of the above scenarios, the visitor must have a valid license from their home state or home country.

I think it would be a big thing in the news if California had a loophole that allowed the undocumented to drive legally. Since there hasn't been any such news, I don't think its possible. However, you're welcome to contest it in court. Let us know what happens. I'm sure a lot of our members are interested in the outcome.

And also FYI, cops don't know all of the rules and regulations regarding driver's licenses.
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