Terms Used In 16 Guam Code Ann. § 3111

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(a) Whenever any person is convicted of a violation of any provision of this Title relating to the speed of vehicles or of reckless driving, the court may, unless this Title makes mandatory a revocation of such license by the Director of Revenue and Taxation, suspend the license of such person for a period of not to exceed thirty (30) days upon first conviction, for a period of not to exceed sixty (60) days upon a second conviction, for a period of not to exceed six (6) months upon a third or any subsequent conviction.

(b) A court may suspend the privilege of any person to operate a motor vehicle for a period not exceeding six (6) months, upon conviction of such person of any of the following offenses:

(1) Failure of the driver of the vehicle involved in an accident to stop at the scene of the accident or otherwise comply with the provision of this Title relating thereto.

(2) Reckless driving proximately causing bodily injury to any person.

(c) Whenever a court duly suspends a license, the court shall require such license to be surrendered to it. Unless required by the provisions of this Section to send the license to the Department of Revenue and Taxation, the court shall retain such license during the period of suspension and return it to the licensee at the end of such period after endorsing thereon a record of the suspension.

(d) Whenever any person is convicted of any offense for which this Title makes mandatory the revocation of the license or licenses of such person by the Director of Revenue and Taxation, the privilege of such person to operate a motor vehicle is suspended until the Director of Revenue and Taxation takes action required by this Title, and the court in which such conviction is had shall require the surrender to it of all operator’s and

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chauffeur’s licenses issued to the person convicted, and the court shall, within ten (10) days after such conviction, forward the same with the required report of such conviction to the Department of Revenue and Taxation.

(e) The Director of Revenue and Taxation shall immediately revoke the privilege of any person to operate a motor vehicle upon a highway upon receipt of a duly certified abstract of the record of any court showing that such person has been convicted of any of the following crimes or offenses:

(1) Criminal homicide resulting from the operation of a motor vehicle.

(2) Driving when addicted to the use or under the influence of narcotic or other drugs.

(3) Failure of the driver of a vehicle involved in an accident resulting in injury or death of any person to stop at the scene of the accident.

(4) Theft or unlawful taking of a vehicle.

(5) Any felony in the commission of which a motor vehicle is used.

The privilege revoked under this Subsection shall not be renewed until the expiration of one (1) year after the date of such revocation and until the person whose privilege was so revoked gives proof of ability to respond in damages in an amount determined by the Director of Revenue and Taxation.

(f) The Director of Revenue and Taxation may revoke a license or permit upon any of the grounds which authorize the refusal to issue a license or permit and may also suspend or revoke a license or permit upon a conviction of a licensee or permittee of operating a vehicle upon a highway while under the influence of intoxicating liquor.

(g) The Director of Revenue and Taxation may suspend the privilege of any person to operate a motor vehicle upon a highway upon receipt of duly certified abstract of the record of any court showing that such person has been convicted of any of the following crimes or offenses:

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(1) Failure to stop in the event of an accident resulting only in damage to property.

(2) A first conviction of reckless driving proximately causing bodily injury to any persons or a second or subsequent conviction of reckless driving not involving bodily injury to any person.

(3) Failure to stop upon striking an unattended vehicle. In any case under this Subsection the Director of Revenue and Taxation is authorized to require proof of ability to respond in damages in an amount determined by the Director of Revenue and Taxation.

(h) Whenever the Director of Revenue and Taxation revokes or suspends the privilege of a non-resident to operate vehicles in Guam the Department of Revenue and Taxation shall send a certified copy of such order to the proper authorities in the state wherein such person is a resident.

(i) Whenever the Director of Revenue and Taxation revokes or suspends the privilege of any person to operate a motor vehicle upon a highway or revokes or suspends an operator’s or chauffeur’s license issued to him evidencing such privilege, the revocation or suspension shall apply to all operator’s or chauffeur’s licenses held by him and all such licenses shall be surrendered to Department of Revenue and Taxation.

(j) Whenever the Director of Revenue and Taxation cancels an operator’s or chauffeur’s license, such license shall be surrendered to the Department of Revenue and Taxation. All suspended licenses shall be retained by the Department of Revenue and Taxation. Upon the expiration of the period of suspension by the Director of Revenue and Taxation of any license, the Department of Revenue and Taxation shall return the license to the licensee, or may authorize the granting of a new license.

(k) Upon receiving a duly certified abstract of the record of any court showing that a person has been charged with driving a motor vehicle upon a highway after his operator’s or chauffeur’s license or his driving privilege has been suspended or revoked, the Director of Revenue and Taxation, in the case of a suspension,

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shall extend the period of suspension of license for an additional like period and in the case of revocation, shall not authorize the issuance of a new license for an additional period of one (1) year from and after the date such person would otherwise have been entitled to apply for a new license.

(l) For the purpose of this Section, a plea of guilty or a judgment of guilty, whether probation is granted or not, or a forfeiture of bail, constitutes a conviction of any of the crimes herein mentioned.

(m) The Director of Revenue and Taxation shall suspend the privilege of any person to operate a motor vehicle upon a highway upon receipt of a certification from the Department of Law that the person is in non-compliance with a court order of support, such suspension to remain in effect until a confirmation of compliance from the Department of Law or the Superior Court of Guam is received.

(n) At the request of a non-custodial parent whose operator’s license has been suspended for non-compliance with a court order of support under Subsection (m) of this Section, the Director of Revenue and Taxation may issue the non-custodial parent a temporary operator’s license valid for a period not to exceed one hundred twenty (120) days.

SOURCE: GC § 23102, enacted by P.L. 01-088 (Nov. 29, 1952), as amended by P.L. 12-155 (July 10, 1974); Subsection (e)(1) of § 23102 amended by P.L. 13-187:145 (Sept. 2, 1976). Renumbered by the Compiler as part of codification in the GCA. Subsections (m) and (n) added by P.L.
24-116:4 (Dec. 11, 1997), expired by operation of P.L. 24-116:13 on Sept.
30, 1999 and reenacted by P.L. 25-161:4, 5 (Aug. 31, 2000)

2023 NOTE: Past publications of the GCA included a manifest error stating the effective date of P.L. 25-161 was July 10, 2000). This erroneous information has been corrected and will be omitted from future publications.