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California Vehicle Code Section 13353.8 - Restricted License: Persons Under 21

13353.8. (a) After the department has issued an order suspending or delaying driving privileges as a result of a violation of subdivision (a) of Section 23136, the department, upon the petition of the person affected, may review the order and may impose restrictions on the person's privilege to drive based upon a showing of a critical need to drive, if the department determines that, within 10 years of the current violation of Section 23136, the person has not violated Section 23136 or been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 191.5 ( )¹ or ( )² subdivision (a) of Section 192.5 of the Penal Code, and that the person's driving privilege has not been suspended or revoked under Section 13353, 13353.1, or 13353.2 within that 10-year period.

(b) For purposes of this section, a conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, 23153, or Section 191.5 or ( )² subdivision (a) of Section 192.5 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code.

(c) As used in this section, "critical need to drive" means the circumstances that are required to be shown for the issuance of a junior permit pursuant to Section 12513.

(d) The restriction shall be imposed not earlier than the 31st day after the date the order of suspension became effective and shall remain in effect for the balance of the period of suspension or restriction in this section.

Amended Sec. 1, Ch. 254, Stats. 2003. Effective January 1, 2004.
Amended Sec. 10, Ch. 550, Stats. 2004. Effective January 1, 2005.
Amended Sec. 26, Ch. 747, Stats. 2007. Effective January 1, 2008.

The 2007 amendment added the italicized material, and at the point(s) indicated, deleted the following:

1. "of"
2. "paragraph (3) of subdivision (ca) of Section 192 192.5"

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