How does the DMV use Vehicle Code Section 12805 to suspend a driver license? The California Department of Motor Vehicles (DMV) is 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.
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.
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 of a driver’s physical or mental health, you may have as little as 5 days to contact the DMV to prevent the suspension of your driving privilege. 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.