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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 541
Experience:  Attorney and Counselor at Law
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29 years of age and never had a license. Was pulled over

Customer Question

29 years of age and never had a license. Was pulled over for not coming to a complete stop at a stop sign. Since I've never had a license will I lose my license before I am able to receive one?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 9 months ago.

Hello. I will help you with your questions. I have been an attorney for 27 years. If you tell me what state you are in, I will be able to answer your question.

Customer: replied 9 months ago.
Oregon
Customer: replied 9 months ago.
I was traveling to pick up my son from school. My husband refused to pick him up so I went to pick him up. And was pulled over for not coming to a complete stop at the stop sign. But I wasn't able to see the was a huge blinded spot and to be able to see past the 2 huge vehicles that were parked on the side of the road. I had to pull further out. That was when the officer pulled me over. I informed the officer that I applied for my license and pasted the knowledge test and visual that I was just waiting for the driven test. But our town won't be able to schedule but the earliest July 13th. I was fined $265.
Expert:  Colleen Grady replied 9 months ago.

Thank you for the additional information. It is very helpful I am researching this for you. I will have an answer in a short time.

Expert:  Colleen Grady replied 9 months ago.

You have a permit?

Customer: replied 9 months ago.
Customer: replied 9 months ago.
I went in and requested one. So that I had something to show to the judge.
Expert:  Colleen Grady replied 9 months ago.

You did this after you were stopped? When you were driving, did you have this permit?

Expert:  Colleen Grady replied 9 months ago.

Can you tell me what you received a ticket for? Was it unlicensed driving? Do you have a section number?

Expert:  Colleen Grady replied 9 months ago.

Under Oregon Vehicle Code 807.350 you can have your permit cancelled for driving without a licensed driver in your vehicle. The good news is that you can apply again. You may have a waiting period before you apply again. Also, you may be required to go to a driver safety program.

Here is what the law says:

Cancellation of privileges; issuance of more limited license or permit.

(1) The Department of Transportation, at any time, may cancel the driving privileges or part of the driving privileges granted any person under any class of license or under any endorsement or any driver permit if the department determines that the person no longer meets the qualifications or requirements for the license, endorsement or permit.

(2)(a) The department may immediately cancel the driving privileges granted any person under any class of license or under any endorsement or any driver permit if the person is unable to reestablish eligibility under ORS 807.340 and the department determines that:

(A) The person is no longer able to safely operate a motor vehicle; and

(B) The person may endanger people or property if the person’s driving privileges are not immediately canceled.

(b) A cancellation under this subsection is subject to a post-imposition hearing under ORS 809.440.

(3) Upon cancellation under this section, a person whose driving privileges are canceled shall surrender to the department any license or driver permit issued for the driving privileges. Failure to comply with this subsection is subject to penalty as provided under ORS 809.500.

(4) If the department cancels driving privileges under this section, the department may provide for the issuance of a license, driver permit or license with endorsement or limitations granting driving privileges for which the person does qualify or meet the requirements. The department may provide for the waiver of all or part of the fees relating to the issuance of a license or driver permit when the department issues a driver permit or license under this subsection, as the department determines equitable.

(5) A person whose driving privileges are canceled under this section may regain the canceled driving privileges only by reapplying for the privileges and establishing eligibility and qualification for the driving privileges as provided by

You may be able to apply for a "Hardship Permit" under the following circumstances:

  • Go to and from work;
  • Drive on the job;
  • Seek employment;
  • Take part in an alcohol or drug rehabilitation program; or
  • Get medical treatment required on a regular basis.

Here is the application: http://www.odot.state.or.us/forms/dmv/6044.pdf

Please let me know if I can help more. If you are satisfied with my help, please rate me.