Can your drive in California, with a valid out of state license, if you are within the three years on a 1650 waiver?

Asked about 2 years ago - Corona, CA

There seems to be a difference of opinion when searching on here. A detailed response yes or no would be greatly appreciated.

Thank you

Attorney answers (2)

  1. David Jon Pullman

    Contributor Level 19

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    Answered . I would disagree with Mr. Bullard on this, as I have before. You are allowed to drive in CA, with a 1650 waiver, you are just not allowed to get a CA license. There is no crime on the books for driving with a 1650 waiver. They can't simply invent a new crime because they or Mr. Bullard don't think it should be allowed. You are allowed to drive in CA with an out of state license as long as you haven't lived in CA for more than 30 days. Your out of state license does not become invalid, just because there is a 1650 waiver and there is no law that states that it does. Good luck to you.

  2. Jeffrey Scott Bullard

    Pro

    Contributor Level 11

    Answered . You are going to get different answers but here is mine...No. You cannot drive in CA with a valid out of state license while on the 1650 waiver.

    When you get a 1650 waiver you are waiving your right to get a CA license for 3 years. In order to drive in CA for longer than 30 days, you must get a valid CA license or you are guilty of VC12500. Some people say that you CAN drive for less than 30 days in CA with a valid out of state license while on a 1650 waiver but I disagree. The whole premise of the 1650 waiver is to allow out of state drivers who cannot comply with the DMV's alcohol class requirement to keep their home license BUT NOT DRIVE IN CALIFORNIA WITHOUT TAKING THE DMV'S REQUIRED CLASS. If you are not eligible for a CA license, you cannot legally drive in CA. Because of the 1650 waiver you are INELIGIBLE for a CA license thus cannot legally drive in CA.

    If you want to risk it, that is your choice. If you get pulled over, the DMV's computer will show that your license was suspended and that you are on a 1650 waiver and not eligible for a CA license and thus not eligible to drive in CA. You will most likely get cited for a VC14601.1 or VC14601.2 and MAY have defense but get ready to pay a lot of money for an attorney and appeals.

    Best bet is to not drive in CA until the 3 years is passed and you are eligible for a CA driver's license.

    I can't wait to read other attorney's responses.

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