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Ex Post Facto?

Discussion in 'Off Topic [BG]' started by ZombieGhosTrain, Feb 13, 2006.

  1. OK here's a little law question...

    I recieved my license last March at the age of 16 in California. Law was I could not transport any passengers under age 20 for the first 6 months, and that I could not drive between 12 am and 5 am for the first 12 months.

    Ok, so I pretty much followed the six month law, most everyone I know disregards it but whatever. The fact that I complied made it all the more painful when I got this letter in the mail from the DMV.

    At the end of January of this year, I had had my license for about 11 months or so. I had been driving my friends for about 5 months or so. Received a letter in the mail from the DMV stating that the law had been changed, and that the 6 months was extended to a year, and the curfew had lengethened. It also said that these new limits affect everyone that has gotten their license by January 1st of 2005, that were still under 18. So basically it said I had to stop driving other people and observe the 12 month thing.

    Does this count under ex post facto, which I thought was part of the Constitution that new laws cannot affect people who have already committed the crime or been issued something? Or some type of grandfathered-in deal?

    Could be since its a "provisional" license I signed away my rights and they can change whatever they want, as it is considered a privilege instead of a right....< This is sounding right, any ideas?

    And yeah so it only affects me for less than a month, its the PRINCIPLE!
  2. No, 2005 is in bold, and unless someone had a typo..

    "This new law will affect every provisional driver issued a driver license since January 1, 2005. A provisional driver who previously completed the six-month restriction period will be required to observe the no passengaer restriction until the end of the first year as a licensed driver or until reaching 18 years of age."

    I too thought that they should just have put 2006, and have it affect newly licensed people. But it does say 2005.
  3. If they change the law like this, you still have to follow it. They won't bust you for past transgressions (not that they would for violations ANYWAY) but they will if you do it now.

    Rock on