Section 28.15.187. Administrative revocation of a license to drive for use of false identification.

   (a) If a peace officer has probable cause based on personal observation that a person has used a driver's license as fraudulent or false identification as prohibited by AS 04.16.060(d), the peace officer shall read a notice and deliver a copy to the person. The notice must advise that
        (1) the department intends to revoke the person's driver's license, privilege to drive, or privilege to obtain a license, or refuse to issue an original license to the person;
        (2) the person has the right to administrative review of the revocation or determination not to issue an original license;
        (3) if the person has a driver's license or a nonresident privilege to drive, the notice itself is a temporary driver's license that expires seven days after it is delivered to the person;
        (4) revocation of the person's driver's license, privilege to drive, or privilege to obtain a license, or a determination not to issue an original license takes effect seven days after delivery of the notice to the person unless the person, within seven days, requests an administrative review.
   (b) After reading the notice under (a) of this section, the peace officer shall seize the person's driver's license if it is in the person's possession and shall deliver it to the department with a sworn report describing the circumstances under which it was seized.
   (c) Unless the person has requested an administrative review, the department shall revoke the person's driver's license, privilege to drive, or privilege to obtain a license, or refuse to issue an original license, effective seven days after delivery to the person of the notice required under (a) of this section, upon receipt of a sworn report of a peace officer
        (1) that the officer had probable cause based on personal observations that the person used a driver's license as fraudulent or false identification as prohibited by AS 04.16.060(d);
        (2) that notice under (a) of this section was provided to the person; and
        (3) describing the circumstances surrounding the violation of AS 04.16.060(d).
   (d) The department shall impose the revocation required under this section
        (1) for a period of 60 days for a first revocation under this section; and
        (2) for a second or subsequent revocation under this section for a period of 12 months.
   (e) Notwithstanding the provisions of AS 28.20.240 and 28.20.250, the department may not require proof of financial responsibility before restoring a driver's license or privilege that is revoked under this section.
   (f) A license revocation imposed under this section shall be consecutive to a license revocation imposed under another provision of law.

Authorities

28.15.189

Notes

References

AS 28.15.189 Administrative review of revocation of license for use of false identification.

History

(Sec. 3 ch 50 SLA 1993)