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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 19520
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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Have dual residency. California Hawaii. Drivers License in

Resolved Question:

Have dual residency. California Hawaii. Drivers License in Hawaii. Own homes in Cal and Haw along with cars. Vote in Hawaii, taxes in hawaii. CHP pulled over yesterday (in California) and informed me that if you have a car that is registered in California you must have a Cal. Drivers License. I say no. you can only have one Drivers License. Yet my vehicals are registered in the state that they are in. Can't very well drive to each state. TRUE??
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is XXXXX XXXXX X'X be happy to answer your questions today.

You are correct that a person is only able to have one driver's license - if you were to apply for a CA license, they would actually take your Hawaii license from you. California requires that you have a CA license if you are a resident, and they consider you a resident if you vote in CA elections, pay resident tuition at a CA college or university, file for a homeowner's property tax exemption, or exercise any other privilege extended solely to CA residents.
http://www.dmv.ca.gov/dl/dl_info.htm

California also requires you to register an out-of-state vehicle in CA if you obtain a CA driver's license, but there isn't a requirement that you be a CA resident to register a vehicle in CA.
http://www.dmv.ca.gov/pubs/brochures/howto/htvr9.htm

Hawaii does not have a similar requirement, and allows a person to drive using a valid license from any state.
http://hawaii.gov/
dot/highways/hwy-v/hidlrqmt.pdf

So, since California has the stricter standards, unfortunately, the solution may be to get a CA license. You can try to get the judge to dismiss the ticket by arguing that you do not meet the definition of a California resident based solely on the fact that you've registered a car in CA. I don't have enough facts to know if you might be considered a CA resident for other reasons (such as by paying resident tuition), but it might be worth a shot.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 19520
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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