California Dmv – What Is A Driver License Suspension
What is a Driver License Suspension? The California Department of Motor Vehicles (DMV) is an enormously powerful state agency with the nearly unbridled authority to remove a person’s privilege to operate motor vehicles in the State of California. If the DMV determines that the removal of a person’s privilege to drive is warranted, the department may take an enforcement action by either suspending or revoking a person’s driver license.California Vehicle Code section 13102, defines a Driver License Suspension as….
“When used in reference to a driver’s license, “suspension” means that the person’s privilege to drive a motor vehicle is temporarily withdrawn.”
Essentially, this means that once a temporary period of “no driving” has lapsed, the driver becomes eligible for reinstatement of the driving privilege. In this instance, the term “suspension” assigns a specific period of time during which the driver must not operate motor vehicles. As a general rule, a suspension does not require that a person re-apply for their driver license after the period of suspension. There is generally no requirement for passing a written or a driving test to be reinstated.
Why does the DMV suspend a driver license? Although the California DMV possess great power to suspend or revoke a person’s driving privilege for virtually any reason, the most common causes of a driver license suspension are:
- DUI
- Hit & Run
- Negligent Operation
- Fatal Traffic Accidents
- Serious Injury Traffic Accidents
- Driving without auto insurance (Financial Responsibility)
In most cases, a person is eligible for reinstatement of their full driving privilege after a specified period of suspension; however, full reinstatement may also require additional tasks such as attendance at DUI schools, the filing of an SR-22 Form and/or the payment of a re-issuance fee.
How can I prevent the suspension of my driver license? With rare exception, the California DMV is not permitted to suspend or revoke a person’s driving privilege until providing the accused driver an opportunity to defend themselves. The presentation of one’s defense normally occurs during an administrative hearing at the Driver Safety Office closest to the driver’s home. The Driver Safety Office is basically the enforcement branch of the Department of Motor Vehicles. The Driver Safety Offices (DSO) are large regional offices located throughout the State of California.
If the DMV has notified you that they intend to suspend your driving privilege for any reason, you should act quickly to defend yourself. Everything the DMV does is time sensitive and in most instances, the DMV will require that you contact them in a short period of time to request an administrative hearing. Depending upon the issue under review, the DMV will normally require that the driver contact the appropriate DSO within 10-14 days to request a hearing. If the request is not made within the specified time frame, the right to a hearing is forfeit and the driver license will be suspended.
To properly schedule, prepare and conduct an administrative hearing before the Department of Motor Vehicles requires planning, cunning and tenacity. It also requires a commanding knowledge of the California Code of Procedures, the Administrative Procedures Act, the Government Code, the Vehicle Code and the Evidence Code. Very few California drivers have the knowledge or the experience to properly defend themselves before the DMV.
If you are facing the suspension of your driving privilege in California, pick up the phone and immediately call the DMV Defense Experts at California Drivers Advocates (CDA). We are a team of administrative advocates with years of experience fighting and winning administrative hearings at the DMV. Call us now; we can help to stop the suspension of your driver license.