Better to be positive CA LEO

tama

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Better to be positive

In the state of California it is my understanding that while insurance companies can sell to illegal residents without any form of active license weather it be state approved or international they are illegally operating on the road.

Is this correct?

Is it in fact illegal for them to drive on CA roadways without an active license?
 
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FordSVTFan

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The state of California has the right to define "resident" in any manner they deem appropriate. That being stated, the State of California requires that persons who become "residents" of the state register their vehicles within 20 days of entry. Although non U.S. Citizens are considered "non‑resident" according to the U.S. Department of Immigration, the state has a right to declare one a "resident" of the state for its own purposes.[/QUOTE]

The person would need either a driver's license from a particular state or country.

California Law said:
Persons are considered California "residents", for purposes of vehicle registration, if they meet any of the following descriptions:
intend to live or be located in this state on more than a temporary or transient basis
are present in the state for six months or more in any 12 month period:
-have registered to vote in California
-have a business or employment address here
-accept gainful employment here
-pay tuition at a California institution of higher learning
-rent or lease a home for residence here
-have a California driver's license
-declare residency to obtain a license or other privilege not ordinarily extended to non‑residents
-act in other ways that indicate a presence in California that is more than transient or temporary.
 

tama

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So if say for example a person were to get pulled over and they have insurance which bears their name as named insured and which states vehicle is insured but they are operating without a CA DL nor do they have an International DL is it legal for them to drive on CA roadways.:shrug:

I just want to be 100% sure as this is what was my understand by local LEO's but this was a while back and not sure if things have changed since then?
 

tama

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But can an unlicensed driver still be given a ticket or there car impounded for driving without a license even if have insurance?:shrug:
 

mswaim

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But can an unlicensed driver still be given a ticket or there car impounded for driving without a license even if have insurance?:shrug:

Absolutely, they can be ticketed and the vehicle stored. They are also subject to arrest, since it is a misdemeanor in California.

Illegal aliens cannot legally obtain a California drivers license.
 

tama

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Absolutely, they can be ticketed and the vehicle stored. They are also subject to arrest, since it is a misdemeanor in California.

Illegal aliens cannot legally obtain a California drivers license.

Yeah this was my understanding. So they can be insured but they can still be cited thus making it still illegal for them to drive.
 

mkb116

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As someone who encounters this EVERYDAY I wanted to give my .02 but it looks like your questions have been answer. Here's something to think about... There are hole in the wall insurance companies that do offer unlicensed drivers insurance. That does not give them the right to drive, ONLY a CA driver's license does. It only prevents them from getting an added violation of driving without insurance.
 

tama

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As someone who encounters this EVERYDAY I wanted to give my .02 but it looks like your questions have been answer. Here's something to think about... There are hole in the wall insurance companies that do offer unlicensed drivers insurance. That does not give them the right to drive, ONLY a CA driver's license does. It only prevents them from getting an added violation of driving without insurance.

I know a few major carrier in California that offer coverage to unlicensed drivers. I doubt any of these companies are hole in the wall companies.

It does help if they cause an accident as now there is coverage too.
 

mkb116

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I know a few major carrier in California that offer coverage to unlicensed drivers. I doubt any of these companies are hole in the wall companies.

It does help if they cause an accident as now there is coverage too.

How do you know? Do you have experience with that situation? Unlicensed drivers are responsible for a lot of hit and run collisions because they don't want to get caught.
 
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tama

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How do you know? Do you have experience with that situation? Unlicensed drivers are responsible for a lot of hit and run collisions because they don't want to get caught.

Because I'm a licensed agent in the state of california. Been one for several years now. Deal with these situations everyday. That's how I know.
 

mkb116

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Because I'm a licensed agent in the state of california. Been one for several years now. Deal with these situations everyday. That's how I know.

An insurance agent? Or a SPECIAL agent.... And you didn't know that its illegal to drive without a license?

:poke:
 

tama

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An insurance agent? Or a SPECIAL agent.... And you didn't know that its illegal to drive without a license?

:poke:

I did know however one can be wrong from time to time. A question came up and I thought about the fact that laws change on a yearly basis. Something that may have held true a year ago may have not held true today. With changing information and changes in laws it was best I'd ask the appropiate scorces to confirm my understanding. In which case I was correct within the state of CA.

:poke:

So who's poking who over here?

as far as the comment of special agent huh? Want my Lic# with the CA department of Ins? I can give it to you if you want?
 
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mkb116

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Well I didn't realize your a licensed insurance agent with the department of insurance, and were so knowledgeable on the situation.

What was I thinking, I apologize.
 

tama

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Well I didn't realize your a licensed insurance agent with the department of insurance, and were so knowledgeable on the situation.

What was I thinking, I apologize.

I got an idea. How about not being an ass. You want to have a dissagreement that's fine. State your case for your opinion. It was after all your 2 cents right?

Are you a CA LEO? I couldn't find your username as a listed indentified LEO. Maybe you are and the current list hasn't been updated.

If your not and may I ask what it is that you do that you encounter this situation everyday?
 
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