9 Guam Code Ann. § 92117
Terms Used In 9 Guam Code Ann. § 92117
- Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(a) The person whose privilege to drive is suspended shall immediately surrender to the court his or her driver’s license, and if valid, may be granted an Occupational Driving Permit for six (6) months.
(b) The court may establish by rule and procedure the manner of issuance of an Occupational Driving Permit, andmust notify the Department of Revenue and Taxation promptly regarding the person’s restriction on his or her driving privileges.
(c) The court is authorized to charge a reasonable fee for issuance of the Occupational Driving Permit which must be fully paid before the permit can be issued.
(d) The cost of the permit shall be borne by the person whose privilege to operate a motor vehicle has been restricted by the court.
(e) In the event a person does not possess a valid driver’s license at the time of conviction, the person’s privilege to apply for a driver’s license shall be prohibited for the full period of the suspension.
2018 NOTE: Subsection/subitem designations added pursuant to the authority of 1 Guam Code Ann. § 1606.
§ 92118. Suspension or Revocation of Driver’s License: Process.
(a) The driver’s license of a person whose privilege to operate a motor vehicle has been suspended or revoked under this Chapter shall be mutilated with a hole punched on the lower right-hand corner of the license so as to identify it is a restricted license.
(b) A license that has been revoked shall be permanently seized from a defendant by the court and promptly transmitted to the Department of Revenue and Taxation with a copy of the abstract of judgment. The court is authorized to maintain custody of a driver’s license which is suspended without occupational driving privileges until reinstatement.
(c) The Department of Revenue and Taxation shall immediately suspend or revoke the privilege of any person to operate a motor vehicle for the time period required by the judgment, and in accordance with this Chapter, upon receipt of an abstract of judgment from the Clerk of Court showing that the person has been convicted of a violation of this Chapter. The Department shall reinstate a person’s driving privileges upon receipt of an order of the court granting such reinstatement in
accordance with this Chapter, or upon expiration of the time restriction.
(d) The court may establish by rule and procedure the process for suspension or revocation of a person’s privilege to drive, not inconsistent with the provisions herein.