California Vehicle Code 12809 – The department may refuse to issue or renew a driver’s license to any …
The department may refuse to issue or renew a driver‘s license to any person:
(a) If the department is satisfied that the applicant is not entitled to the license under this code.
Terms Used In California Vehicle Code 12809
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
- driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
- Fraud: Intentional deception resulting in injury to another.
- motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
- Nonresident: is a person who is not a resident of this State. See California Vehicle Code 435
- Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
(b) If the applicant has failed to furnish the department the information required in the application or reasonable additional information requested by the department.
(c) If the department determines that the applicant has made or permitted unlawful use of any driver’s license.
(d) If the department determines that the person has knowingly used a false or fictitious name in any application for a license or has impersonated another in making application or in taking any test, or has knowingly made a false statement or knowingly concealed a material fact, or otherwise committed any fraud in any application.
(e) If the department determines that the applicant is a negligent or incompetent operator of a motor vehicle.
(f) If the applicant is convicted of any offense involving the transportation for purpose of sale, or the transportation for compensation, of a controlled substance under Division 10 (commencing with Section 11000) of the Health and Safety Code, and the commission of the offense involved the use or operation of a motor vehicle.
If, however, the driving privilege of the applicant is on probation for a cause related to the use or possession of a narcotic controlled substance, the department may refuse to issue or renew a driver’s license to the applicant if the applicant is subsequently convicted of any offense involving the use or possession of a narcotic controlled substance, whether or not the commission of the offense involved the use or operation of a motor vehicle.
The maximum period of time for which the department may refuse to issue or renew a driver’s license to any person pursuant to this subdivision shall be three years from the date of conviction.
(g) If the applicant fails or refuses to surrender to the department, upon its lawful demand, a nonresident minor’s certificate which has been canceled.
(h) If the applicant has failed to appear regarding a citation issued for vehicle abandonment as specified in Section 22523.
(i) This section shall become operative on July 1, 1989.
(Repealed (in Sec. 2) and added by Stats. 1988, Ch. 1267, Sec. 3. Effective September 26, 1988. Section operative July 1, 1989, by its own provisions.)