Legal Question in Traffic Law in California

Out of state license in California

I have not updated my out of state drivers license (got temporary work in California). Is it mandatory that I change my state license to California? What is the fine for not renewing it? Is there a mandatory jail sentence? The address on my out of state license is valid- I have to go from Coast to Coast regularly and I do not wnat to change my state license to California. What is the punishment? Can I keep my out of state license?


Asked on 11/10/02, 4:58 am

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Out of state license in California

Thanks for your posting. New residents in california -- persons either making a home here or taking a job here, must get a California driver license within 10 days.

Evidence of residency is established by any of the following: voting in California elections; paying resident tuition at a public institution of higher education; filing for a home owner's property tax exemption; obtaining a license; or any other privilege or benefit not ordinarily extended to nonresidents.

If you are a visitor in California over 18 years old and have a valid driver license from your home state or country (where you live permanently), you may drive in this state without getting a California driver license as long as your home state license remains valid.

In my experience, this is a judgment call for the police and prosecutors -- sometimes they will just dismiss the case with a showing that the out of state license is valid, or if they can prove that you live here, through any means, they will prosecute you if you've been here more than a reasonable time and haven't got a license here.

Even if you travel from coast to coast, your primary residency is either where you receive mail, spend most of your time, file taxes, or have lived 180 days of the past year.

Best of luck, and feel free to email me directly if you have any other questions.

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Answered on 11/13/02, 7:29 pm


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