California DMV Hearings for Suspended or Revoked Driver’s License
In the State of California, there are certain offenses that could place a driving restriction on a person’s driver’s license. When a restriction is placed, it will generally take one of two forms:
- The driver’s license will be suspended, or
- The driver’s license will be revoked.
It is important to note, that these actions are with the California DMV, Driver Safety Offices. These are not court cases, but in some situations, depending on the circumstances can run concurrent to a criminal court action. Driver licenses suspensions by the California Department of Motor Vehicles are a result of violations of the State’s Administrative Per Se law. This is separate from California’s criminal law and codes typically prosecuted in criminal courts. For many drivers in California, they will never have any interactions with the DMV regarding these laws, but they are present, and do control all who drive in California.
A driver’s license suspension will initiate the withholding of a person’s driving privileges for a predetermined amount of time. For most offenses, the withholding can range from six (6) months to four (4) years. When a driver’s license has been revoked, this means that the person’s driving privileges have been completely terminated. Any of these penalties can result in fines and other consequences.
California Driver’s License Suspensions
Driver’s licenses in the State of California can be suspended for a number of reasons that could include the following:
The licensee, or license holder, has been involved in a vehicle collision and does not have auto insurance at the time of the incident.
The licensee has left the scene of a vehicular collision and did not report the incident.
The licensee has been convicted of a DUI.
The licensee declines submitting to an alcohol or drug test at the time of a DUI arrest.
The State of California has a driver’s point system and when a licensee has too many points against his or her driving record, this will result in a suspended license.
Driver’s License Revocations in California
Driver’s licenses in California could be revoked for a number of reasons, particularly if the license holder has committed a certain crime. The following unlawful activities can result in the automatic revocation of a person’s driver’s license:
- Driving recklessly, which resulted in the injury of another person,
- Being convicted of a DUI for the second or subsequent time
- Committing a felony that involved the use of a car,
- Being convicted of a manslaughter charge that was caused from the use of a car, and/or
- Failure to make an appearance in court and plea to any of the aforementioned charges
Hire a Skilled Criminal Defense Attorney
If you drive for work, a driver’s license suspension or revocation can have serious effects on your life. A driver’s license suspension or revocation can result in serious economic hardship, including the loss of employment. For many people, confronting the California Department of Motor Vehicles can be a stressful and frustrating matter. If you have found that the DMV has started the process of suspending your driver’s license or has revoked your driving privileges, you should know that you have a legal right to contest a majority of the initial decisions made by the DMV. Reinstating your driving privileges can be possible with the support of a qualified attorney.
The attorneys at Milligan, Beswick, Levine & Knox, LLP have the experience and knowledge to help those who have had their driving privileges revoked or suspended. The firm understands that laws concerning driver’s license can be complex and daunting and is prepared to defend the rights of their clients in all DMV hearings and other legal proceedings. If you have had your driver’s license suspended or revoked, hire a qualified law firm that will provide you with the appropriate legal options and best possible defenses; seek competent legal support today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.