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Who Can Apply for a Driving Privilege Card?

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The driving privilege card is a controversial system of providing driving privileges to those who some call “undocumented or illegal aliens,” according to a ProCon.org article, 12 States (and DC) That Allow Driver's Licenses for People in the Country Illegally. The title of their article essentially points where the controversy lies: in the word “illegally.”

Other states might refer to it as a “driving privilege card,” but in CA it is an AB 60 license.

Without digging into the controversial subject of whether an individual is in the country illegally or not, let’s examine the AB 60 license and provide an answer to the question who can apply for a driving privilege card or AB 60 license?

The Governor of California signed Assembly Bill (AB) 60, Driver’s licenses: eligibility: required documentation, on 13 October 2013 and it took effect 1 January 2015. AB 60 authorized the Department of Motor Vehicles (DMV) to issue a driver’s license to anyone despite their inability to present evidence of lawful entry into the USA if they meet all other requirements, such as proof of California residency and identity. AB 60 does not; however, provide the definite proof required. The DMV portal does.

The primary purpose of the law is to help everyone get a license legally by completing the permit test and hands-on driving test, then getting auto insurance. Most unlicensed drivers do not have auto insurance.

“The bill would prohibit the use of this information to consider an individual’s citizenship or immigration status as a basis for a criminal investigation, arrest, or detention.” However, it was recently revealed in a 19 February 2019 article by NBC News San Diego entitled, DMV Confirms ICE Has Limited Access to AB 60 License Information that an Escondido man was pulled over close to his home by an Immigration and Customs Enforcement (ICE) agent who had a copy of his AB 60 license.

When asked why ICE had a copy of the AB 60, the response was, “Information related to the methods and how ICE agents develop cases is law enforcement sensitive.” Read the complete reply from the DMV Director here.

CA Vehicle Code (CVC) 40508

CVC 40508, Release Upon Promise to Appear makes it a misdemeanor crime to fail to resolve a ticket or failure to appear (FTA) in court. Therefore, the very worst thing you can do with a ticket is to ignore it. Anyone who does not resolve their ticket or appear in court could get a bench warrant issued on them. The best resolution is to hire a traffic ticket attorney to resolve the ticket. This way, you can stay out of court, avoid a bench warrant, and possible notification of the National Crime Information Center (NCIC). Surely, if you show up on the FBI database for a misdemeanor FTA, ICE will find your information.

Consider a Qualified Traffic Attorney to Challenge any Tickets

That's why, as an undocumented driver, you should consult with a traffic ticket attorney to challenge or otherwise resolve any tickets you receive. While no attorney can guarantee favorable results in every case, the statistical data gathered by the Bureau of Justice Statistics show that 95 percent of ticketed drivers who hire a traffic lawyer to represent them have their case dismissed or receive a reduced charge.

One reason a qualified attorney is often successful in challenging a ticket is traffic lawyers know the elements of the law that must be proven “beyond a reasonable doubt.” Plus, many judges are more sympathetic to people represented by an attorney. Likewise, many who represent themselves are not used to speaking in front of a crowd. Even lawyers in other areas of law choose to hire a traffic attorney when necessary.

Traffic Ticket Attorneys Who Regularly Appear in Kern County

Call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.

We regularly represent clients in Bakersfield Traffic Court without their presence or resolve their ticket before their arraignment when possible. We get dismissal or reduced no-point violations for drivers frequently with tremendous success.

Send them an email, attorney@biggerharmanlaw.com.