California Vehicle Code Section 12805

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.

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By | 2017-05-07T05:03:43+00:00 November 22nd, 2016|California Vehicle Code, License Suspension & Revocation|0 Comments

About the Author:

Rob Collier
Mr. Collier served with distinction as a Law Enforcement Specialist with the United States Air Force and received an honorable discharge. He is a graduate of the United States Air Force Security Police Academy and the United States Army Police Investigators School. While stationed at Edwards Air Force Base, Mr. Collier was one of the first Security Police Specialists to provide “close‐in” security for Space Shuttle Missions when that program was new. Mr. Collier is a Distinguished Graduate of the Los Angeles County Sheriff Academy (Class 228) and the Los Angeles County Sheriff’s Special Weapons and Tactics School (SWAT). He received specialized training in basic accident investigation and determining speed from skids at the San Bernardino Sheriff Academy. For nearly 15 years, Mr. Collier was the Operations Officer for one of the most prominent specialty DUI law firms in the country. Reporting directly to that firm’s owner, Mr. Collier directed the day to day operations of DUI attorneys, investigators, expert witnesses and support staff. He developed the firm’s “white glove” policy of client care that is now the hallmark of our company. He has been involved in the preparation, investigation, and presentation of literally thousands of DMV administrative hearings throughout Southern California. Receiving hands on training from defense attorneys, retired DMV hearing officers, and some of the best scientific experts in the field, Mr. Collier possesses a unique level of experience; making him a true expert in the field of Administrative Advocacy. Mr. Collier is our Chief Advocate and available to represent clients in all categories of DMV hearings in California. If your case is assigned to one of our other professional advocates, Mr. Collier will personally review and supervise each case. He is accessible to each and every one of our clients.