I got a ticket for disobeying license restrictions but i dont have a restricted license?

Question

Hi i got a ticket for disobeying license restrictions code and section 14603. I was driving someone else under 20 with a provisional license. Unless a provisional license is also considered a restricted license that doesnt seem right to me. I am 16 in california. I should have been given a ticket for violating vehicle code and section 12814.6 which states New licensee, failure to obey provisions. Is this correct? if it is can the ticket be removed or what?

hi thanks for everyones reply. I am not trying to question whether or not what i did was breaking any laws. I am getting at that i was cited for something that i cant be cited for. I DONT HAVE A RESTRICTED LICENSE. I have a provisional license. according to http://www.dmv.ca.gov/pubs/vctop/lov/lovd6.htm
14603 VC is Restricted license, disobeying restrictions. The one that would apply is 12814.6 New licensee, failure to obey provisions. I dont see how i can be charged with something that i dont have the license to be charged with the citation. If i go to the hearing i dont see that they can just say "o well they are similar so we are going to charge you with it still" It doesnt make sense to me. I could see how you could consider a provisional license a license that has restrictions but a restrcted license is a specific type of license.

Answer 1

Sorry, mikeysco, but I am going to have to disagree with you on this one. VC 14603 refers to a "restricted license." A "restricted license" is one issued under VC 12813, with restrictions (such as special mechanical devices, etc.) placed upon it by the DMV. The statute may also refer to restrictions placed on a license by the DMV as a consequence of a conviction such as DUI. It appears that a violation of VC 14603 is punishable the same as any other moving violation, and is a point on one's DMV record.

However, a "restricted license," as statutorily defined, is NOT a "provisional license." The DMV does not put any restrictions on a provisional license, they are there by statute. (VC 12814.6.) The consequences of driving in violation of the terms of a provisional license are set out in the statute itself (VC 12814.6(d)), and include a lower fine than most moving violations, but with community service. No suspension is allowed unless there are priors. Perhaps most importantly, a conviction is NOT a DMV point and is not reported to insurance companies. (VC 12810.)

Even if the limits placed upon a driver with a provisional license could be termed "license restrictions," making a provisional license a restricted license, there is a doctrine in California that specific rules prevail over general rules. Thus, the specific provisions relating to provisional licenses would still prevail over any general provisions relating to restricted licenses.

If I were this person's attorney, I would not let this error go unchallenged, since the consequences of being convicted of the wrong offense are greater than the consequences of being convicted of the correct offense. It is quite possible that the charge may be amended at the time of the juvenile court hearing if this error is raised, so this is probably not a get out of jail free card, but the distinction between provisional licenses and restricted licenses is important.

Answer 2

Every license has restrictions by class. With a provisional driver's license you are restricted from driving without a parent, guardian, or fully licensed person under 25 (21 in some states). A restricted driver's license is a given to adults who have violated their own class restrictions, but apply for a restricted license to continue working and/or going to school. It will be difficult to argue the case under the basis that you did not understand this, seeing as how you took a test to acquire your provisional driver's license.

With that, it IS possible for a good lawyer to remove ANY ticket. The simple way out of this ticket might just be traffic school, though. Contact your public defender- I wouldn't pay for a lawyer- and/or speak with the prosecutor about your situation before your court date, or at least before the hearing. This isn't a serious offense, and you might end up with a nice guy who just might tap you on the wrist.

Answer 3

you should go to court on the day it says on your ticket, always a good thing to do. I do know that provisional is like restricted you cant drive with anyone other then family or someone over 25 (least that is what I believe it still is in CA) and it also means that your parents can revoke it ant any time. Its kinda like when you start a new job you can be let go with no reason for the first 30days to 6 months and its a year or so till you get your benefits.

Answer 4

Provisional licenses did not exist when I got my license. I have not kept up on the details. That said, the whole point of provisional licenses is that they have restrictions that 'normal' licenses don't have.

Answer 5

You were cited for license restrictions, not a restricted license. Call the Police station, and have them explain the violation to you. I also suggest reading the rules of the road again.

Answer 6

Last I was aware of, it was YOUR responsibility to know what you could or could not do.
Suggest you pay a visit to those who issue licenses and find out.