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AB 60 and how it changes San Diego Suspended License cases.

On Behalf of | Jan 9, 2015 | Firm News |

I have seen several people come into the court and my office with a San Diego suspended license case.  They were speeding on I-15.  They have lived in the US for many years. I ask them “can you get valid”?  They pause with their response and I always knew it was not possible. The best way to get a reduction in a San Diego Suspended license case is to:

1. Ensure the prosecution can meet their burden.

2. Get your license valid.

A lot of these people were good people who were hard working and wanting a better life. Whatever your position the effect of this is there will be less cases in criminal courts because alot of these people wanted a valid license and to get insurance.

San Diego DUIs and a variety of other reasons can result on drivers license being suspended.  These fines can be in the thouands and rival San Diego DUIs.  The key in San Diego suspended drivers license cases is to be proactive.  Do not wait.  Call 858-751-4384.

As of January 2015 one of the most significant laws to take effect in 2015 was California Assembly Bill 60. AB 60 makes it possible for undocumented immigrants to apply for and obtain California driver’s licenses. This can ensure you will not get a San Diego Suspended License in the future for many people.

Main points about AB 60 include:

  • Undocumented immigrants will be allowed to apply for a California driver’s license and will not have to show proof of lawful residence in the U.S.
  • Undocumented immigrants must show proof of California residency, pass written and behind-the-wheel tests, and show proof of auto insurance.
  • AB 60 will allow undocumented drivers to apply for any non-commercial driver’s license, including Class C licenses (for most cars and trucks), Class M1/M2 (motorcycles), and non-commercial Class A or B (for travel trailers and most RVs).
  • AB 60 driver’s licenses cannot be used for federal purposes.
  • AB 60 contains protections against discrimination; law enforcement cannot use an AB 60 license as a basis to arrested undocumented immigrants or share their information with other government agencies.

With the passing of AB 60, California joined nine states and the District of Columbia in allowing undocumented immigrants to obtain valid driver’s licenses. The idea behind AB 60 is that it ensures more drivers are properly trained, licensed, and insured, thereby making California roadways safer. Without AB 60, many undocumented drivers – who were uninsured and not adequately trained to drive on CA roads – would still continue to drive.

AB 60 officially went into effect on January 1, 2015, and thousands of undocumented residents throughout the state have already applied for driver’s licenses. Within the next three years, the California Department of Motor Vehicles (DMV) expects to handle as many as 1.4 million AB 60 applications.

Although many undocumented drivers are benefiting from AB 60,some individuals may have difficulties obtaining a driver’s license if they have prior traffic offenses, outstanding citations, criminal convictions, or open cases. In these situations, individuals may be able to work with attorneys to help them explore their options for resolving any outstanding issues before applying for an AB 60 driver’s license.  If you need to clear your driving record, call the offices of Mark L. Deniz, APLC to begin clearing the way.

Here is some more information on AB 60

Assembly Bill 60: Driver’s Licenses

Up until 1994 all immigrants had access to a driver’s license in California, regardless of immigration status. They were able to get get to work, drive their children to school, and run everyday errands without the fear of being pulled over.

After having the ability to apply for licenses revoked, they were left without any other option but to go on with their daily lives and drive without a license. Unfortunately, doing so has resulted in tickets, vehicle impoundments, arrests, and even deportations.

For those and many other reasons, immigrants and their allies spent the past two decades organizing and fighting to restore access to licenses. The result of this mobilization was the passage of Assembly Bill 60, The Safe and Responsible Driver Act (AB 60) in 2013.

Under this new law, any eligible California resident will be able to apply for a driver’s license, regardless of immigration status, beginning January 1, 2015!

An AB 60 license will have a visible distinguishing feature and cannot be used for certain federal purposes, such as to enter restricted areas of federal facilities.

Frequently Asked Questions

What is an AB 60 driver‘s license?

Governor Brown signed AB 60 into law in 2013, directing the Department of Motor Vehicles (DMV) to issue an original driver’s license to any California resident who is eligible for a driver’s license, regardless of immigration status. An applicant who does not have proof of lawful presence can receive an AB 60 license. An AB 60 license will have a visible distinguishing feature and cannot be used for certain federal purposes, such as to enter restricted areas of federal facilities.

When will AB 60 licenses be available?

AB 60 driver’s licenses will be available January 1st, 2015.

How much will the AB 60 license cost?

The AB 60 license will cost the same as other driver’s licenses: $33 for a Class C/M application fee. Class C licenses allow applicants to drive most 4 axel vehicles and Class M is for motorcycles and certain electronic scooters. For more DMV fee information, please visit: http://www.dmv.ca.gov/dl/fees/driverlicense_fees.html.

Where can I get help and information to fill out the AB 60 application or other driver’s license related documents?

You can get information for free at the DMV. Visit their website at http://apps.dmv.ca.gov/ab60/index.html

If you have any other questions, please reach out to the Drive CA/Maneja CA Coalition, which has member organizations across California that work with immigrant communities in many diverse languages. For more information, contact [email protected]

You do not need to pay anyone for information or services. In fact, it is against the law for someone to charge you to fill out the application form on your behalf. It is a simple form and you, a friend or a relative can fill it out. No one can speed up the process for you. Be wary of scams and rely on the DMV and trusted community organizations for information and assistance.

Is the written test only offered in English?

No, the written test is offered in a number of different languages. Additionally, the test can be administered in an audio format, or in an interview with a DMV examiner, by request.

How can I get help practicing for the driving test?

After you apply for an AB 60 license, you will be issued a permit to practice driving with another licensed driver in the car. We encourage you to reach out to friends or family that have driving experience to help you practice. The DMV website outlines the driving maneuvers that will be tested. Many community colleges and organizations offer paid driving classes. You can also take driver training (behind-the-wheel) classes in California secondary schools (high schools, technical schools, or adult schools) or at a state-licensed professional driving school.

Can I use an interpreter for the driving road test?

No, interpreters are not permitted for the driving test. You will need to be able to respond to driving instructions given in English, including pointing to safety features of your vehicle and performing the requiring driving maneuvers. DMV examiners have experience administering tests to applicants with limited English proficiency, and will also use hands signals and gestures to the extent that is safe. However, you should practice responding to driving instructions in English to pass this test.

What happens if I fail the written test or the road test?

You have three chances to pass each test. However, if you do not pass you should use available resources to prepare before retaking the test.

What type of license can I get through AB 60? Can I also drive a truck or motorcycle with AB 60?

AB 60 allows you to apply for all non-commercial driver’s licenses offered through the DMV. This includes Class C (most cars), Class M1/M2 (motorcycles), Noncommercial Class A or B (travel trailers, some RVs).

What documents do I need to show to get an AB 60 license?

The DMV’s proposed regulations outline the documents you will need to get an AB 60 license. However, these requirements may change as the regulatory process continues. Final regulations will be issued before January 1, 2015. Every applicant will need documents to prove 1) his or her identity and 2) residency in the State of California. At this time, it is a good idea to gather and update your documents, such as a consular ID card or passport, utility bill, or lease agreement. If your documents have expired, you should visit your consulate to renew them as this process can take some time.

How can I use my AB 60 license?

You can use an AB60 license to drive, and to identify yourself to police officers, e.g. in a traffic stop. It is unlawful for businesses, landlords, government agencies or officials, or program or activity that receives state funds to discriminate against you based on the type of license you have. Driver’s licenses do not give you a right to vote and do not make you eligible for any benefits that you were not eligible for without the license. A driver’s license does not give you the right to work as an employee. However, if in the future you are granted a status that allows you to work, you will be able to use the driver’s license as proof of identity along with a valid work authorization document, when you complete the I-9 form.

What will my license look like?

The front of the AB 60 license will state “FEDERAL LIMITS APPLY” in the top right corner above the Class designation, in the same color and front as other words. The back of the card will include the statement “not valid for official federal purposes”. The license will otherwise look similar to those currently issued California drivers’ licenses.

Does AB 60 contain protections from discrimination?

The law prohibits state or local government agencies, officials, or programs that receive state funds from discriminating against someone because he or she holds or presents an AB 60 license. This includes state and local law enforcement officials. Additionally, AB 60 specifies that it shall be a violation of law, including, but not limited to, a violation of the Unruh Civil Rights Act, to discriminate against an individual who holds or presents an AB 60 driver’s license. To monitor potential discrimination, AB 60 requires the California Research Bureau to compile and submit a report to the Legislature and the Governor about any incidents of discrimination perpetrated on holders of marked licenses. The Drive CA Coalition will be monitoring statewide to identify and address discrimination.

How will law enforcement treat AB 60 licenses?

State and local law enforcement agents may not discriminate against someone because he or she holds or presents an AB 60 license, and are prohibited from using AB 60 licenses “to consider an individual’s citizenship or immigration status as a basis for investigation, arrest, citation or detention.” You can use your AB 60 license to identify yourself to police officers, for example in a traffic stop.

Will information I provide to the DMV be confidential?

The documents you provide to the DMV to prove your identity, name, residency, and age are not a public record and the DMV may not disclose this information, except when requested by a law enforcement agency as part of an investigation.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, Chula Vista DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI, San Diego Expungement, San Diego Bench Warrant, San Diego Failure to Appear, San Diego Restraining Orders, San Diego Terminate Probation, San Diego Minor Possession of Alcohol, San Diego Probation Violation, San Diego Prop 47, Lakeside DUI, Lemon Grove DUI, National City DUI, Cardiff DUI, Racho Santa Fe San Diego DUI, Rancho Bernardo DUI, Spring Valley DUI, Solana Beach DUI, Leucadia DUI, Golden Hills DUI, North Park DUI, Torrey Pines DUI, Eastlake DUI, Paradise Valley DUI, it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected].


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