2020. 2. 18. 06:42ㆍ카테고리 없음
What is a Driver License Revocation?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 13101, defines a Driver License Revocation as.“When used in reference to a driver’s license, “revocation” means that the person’s privilege to drive a motor vehicle is terminated.”Essentially, this means that when the DMV revokes a person’s driving privilege, they are taken off the road and must not drive a motor vehicle. In some instances, there is a specified period of time before a person may re-apply for a driver license; however, in some instances the period of revocation is for an indeterminate period of time, which means they won’t return you to driving until they feel like it. Unbelievable but true.Why does the DMV revoke 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 revocation are: Fraud, Road Rage, Physical or Mental Disorders, Lack of Skill,Habitual use or addiction to alcohol, medication or drugs.In some cases, a person is eligible for reinstatement of their full driving privilege after a specified period of revocation; however, in some instances, the DMV can withhold a person’s driving privilege until they feel like reinstating it. In cases with indeterminate periods of revocation, it is the DMV’s general policy to not consider reinstating the driving privilege for at least one year. There are exceptions to this rule, but the DMV has all the control.Also, as opposed to a driver license suspension, a person whose driving privilege has been revoked must completely re-apply for the issuance of a new driving privilege. This means the person must pass a written test, a vision test and a driving test just like they did when they first applied for their driver license.
Texas Driver License Revoked
Essentially, the person is given no credit for their previous driving record and they must begin again.How can I prevent the revocation 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 are taking the steps to revoke your driving privilege, you must react quickly and correctly. Everything the DMV does is time sensitive and responding to an “Order of Suspension/Revocation” is no exception. If the DMV notifies a driver of a pending suspension or revocation action, they normally only provide the driver 10 to 14 days to react (in some instances it may only be 5 days). How a person reacts to an Order of Suspension/Revocation can impact the final result of the case; so the response must be appropriate and timely.For a driver to overcome a driver license revocation requires that they have a commanding knowledge of the California Code of Procedures, the Government Code, the Administrative Procedures Act, the Vehicle Code and the Evidence Code.
Very few Californians are equipped to properly defend themselves before the DMV. Fortunately, the California Vehicle Code does permit an accused driver to be represented by any person of their choosing; and that’s where we enter the picture.If the California DMV is acting to revoke your driver license; and if your driving privilege is important to you, pick up the phone and call the DMV Defense Experts at California Drivers Advocates (CDA). Our DMV Defense team is made up of former police officers, former DMV Hearing Officers, Investigators and scientists with one goal in mind.
BEATING THE DMV.