California Vehicle Code Section 12805

CVC Section 12805 determines:

      “The department shall not issue a driver’s license to, or renew a driver’s license of any person:(a)    Who is not of legal age to receive a license.(b)    Whose best corrected visual acuity fails to meet the minimum requirement of 20/200 in the better eye.(c)    Who does not possess the knowledge to understand the laws, traffic signs and signals of the road.(d)    Who does not possess the skill to drive.(e)    Who is unable to understand simple English used in highway traffic and directional signs.(f)    Who holds a valid driver license from another state or other jurisdiction until that other license is surrendered.(g)    Who holds a driver license issued by another state of other jurisdiction that has been suspended for a traffic violation, until the period of suspension has terminated.

How does the DMV use Vehicle Code Section 12805 to suspend a driver license?

We all recognize the California Department of Motor Vehicles (DMV) as the government agency granted the power to issue a driving privilege to qualified drivers.  What few people understand, however, is the nearly unbridled power the DMV possesses to deny a person the privilege to drive or to deny renewal of a driver license once it has been issued.

Known as “Grounds Requiring Refusal of License,”  California Vehicle Code (CVC) section 12805 is a broad section of law that permits the DMV to refuse to issue a driver license to an applicant; or to refuse to renew an already existing driver license to a person for any of a variety of reasons.  This is a mandatory section of the law that does not permit the DMV any discretion.  In other words, if the DMV makes a finding that an original applicant, or a renewal applicant, does not possess the requisite strengths and skills, the DMV MUST NOT issue or renew a license.

Known as Grounds Requiring Refusal of License, California Vehicle Code (CVC) section 12805 is a broad section of law that permits the DMV to refuse to issue a driver license to an applicant; or to refuse to renew an already existing driver license to a person for any of a variety of reasons.  This is a mandatory section of the law that does not permit the DMV any discretion.  They must act.

CVC Section 12805 determines:

“The department shall not issue a driver’s license to, or renew a driver’s license of any person:(a)    Who is not of legal age to receive a license.(b)    Whose best corrected visual acuity fails to meet the minimum requirement of 20/200 in the better eye.(c)    Who does not possess the knowledge to understand the laws, traffic signs and signals of the road.(d)    Who does not possess the skill to drive.(e)    Who is unable to understand simple English used in highway traffic and directional signs.(f)    Who holds a valid driver license from another state or other jurisdiction until that other license is surrendered.(g)    Who holds a driver license issued by another state of other jurisdiction that has been suspended for a traffic violation, until the period of suspension has terminated.

• Mandatory Age for Issuance of License: Except in those instances where the DMV may issue a Junior Permit or a Provisional License, the DMV may not issue a California Driver License to any person who is under the age of 18.

• Minimum Vision Requirement: For the purpose of issuing or renewing a California Driver License, the applicant must meet the minimum standards for vision.  Any original applicant or renewal applicant must possess a visual acuity of 20/200 in at least one eye.  Corrected Vision by the use of corrective lenses is permitted.  Also, the DMV may issue or renew a driver license of an applicant with poor vision if, in the opinion of an Ophthalmologist, the applicant has adapted well enough to safely drive.
• Basic Knowledge to Drive: The DMV may refuse to issue an original license, or may refuse to renew a driver license of an applicant who does not demonstrate the basic knowledge to drive.  This is normally established by taking a written test demonstrating the applicant’s knowledge of traffic laws as well as traffic signs and signals.  The DMV does have to provide adequate opportunities for testing to establish one’s knowledge of driving.  Also, the DMV must permit the applicant to take the written test in a language of their choosing.
• Basic Skill to Drive: The DMV may refuse to issue an original license, or may refuse to renew a driver license of an applicant who does not demonstrate the requisite skill to drive.  This is normally established by taking a “behind the wheel  driving test,” known as a Driver Performance Evaluation (DPE).  The DMV must grant an adequate number of opportunities for the applicant to pass the driving test.
• Understanding of Simple English: Although the DMV cannot demand that an applicant have a commanding knowledge of the English language, the Department may refuse to issue an original license or may refuse to renew a driver license for any applicant who does demonstrate a basic understanding of the English Language.  This is because all street signs (mandatory, regulatory and informational) are presented the English language.  All drivers must be able to understand enough English to understand roadway and traffic signs.
• Driver Possessing a Driver License From Another State: California Law does not permit California Licensed drivers to possess driver licenses issued by multiple states.  If an original applicant or a renewal applicant is found to possess a driver license from another state, that license must be surrendered to the California DMV before a California license may be issued or renewed.

• Suspended License: The California DMV may not issue an original driver license or renew a license if it is discovered the applicant’s privilege to drive is suspended/revoked by another State or Jurisdiction until the matter is cleared by the involved State or Jurisdiction.

How we use CVC section 12805 to your advantage?

Because CVC section 12805 is mandatory, the department has no option but to refuse to issue or renew a driver license if any of the above issues exist, you can expect the DMV to be initially resistant to issuing you a driver license.  However, in nearly every instance where the DMV takes such an enforcement action, the affected driver is permitted to a hearing to demonstrate why the action is not warranted.

Everything the DMV does is time sensitive and when dealing with issues regarding the issuance or renewal of a license, you may have as little as 5 days to contact the DMV to correct the problem.   If you have received any notice from the DMV that they intend to refuse you a driver license under the provisions of CVC section 12805, you should react immediately.  Pick up the telephone and call the DMV Defense Experts from California Drivers Advocates (CDA).  We are a team of former police officers, DMV hearing officers, investigators and scientists who are ready to turn the tables on the DMV.  We will use other provisions of the Vehicle Code which ensure your right to fight for yourself.   Don’t let the DMV steal your privilege to drive without a fight.  Call CDA today.