Vehicle Code 13365.2 VC is the California statute that allows the DMV to suspend a person’s driving privileges after a hold has been put on his driver’s license.
According to VC 13365.2:
“(a) Upon receipt of the notice required under subdivision (b) of former Section 40509.5, the department shall suspend the driving privilege of the person upon whom notice was received and shall continue that suspension until receipt of the certificate required under that subdivision.
(b) The suspension required under subdivision (a) shall become effective on the 45th day after the mailing of written notice by the department.
(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.”
Some examples of permissible acts under this statute include:
- the DMV suspends Beth’s driving privileges after a hold was put on her license for ignoring a mandatory court appearance for running a red light, per Vehicle Code 21453.
- after a hold gets put on Pedro’s license, for blowing off a ticket for driving on the wrong side of the road, per VC 21651(b), the DMV suspends his driving privileges.
- the DMV suspends Zari’s driving privileges after a hold was put on her license for not attending traffic court for unsafe passing, under Vehicle Code 21750.
Defenses
Luckily, there are several legal defenses that a person can raise to challenge a suspension of his driving privileges. These include showing that the person:
- did not receive proper notice of the suspension,
- failed to appear in traffic court out of necessity, and/or
- the clerk of the court made a mistake.
Penalties
Failing to appear in traffic court, per California Vehicle Code 40508, is a crime that can be charged as a California misdemeanor (as opposed to an infraction or a felony).
Further, if caught driving on a suspended license, a driver can face:
- imprisonment in the county jail for up to six months, and/or
- a fine of up to $1,000.
Our California criminal defense attorneys will highlight the following in this article:
- 1. What is authorized under Vehicle Code 13365.2?
- 2. Are there legal defenses to challenge a suspension
- 3. Penalties, punishment, and sentencing
- 4. Related offenses
1. What is authorized under Vehicle Code 13365.2?
Vehicle Code 13365.2 VC is the California statute that allows the DMV to suspend a person’s driving privileges after a hold has been put on his driver’s license.1
Per VC 13365.2, if the DMV wishes to suspend a person’s driving privileges, it must send him a notice saying this.2
The suspension will take place on the 45th day after the mailing of the notice. And, the suspension will continue until the driver appears in court for the ticket or citation.3
2. Are there legal defenses to challenge a suspension?
A person can try to challenge a suspension of driving privileges.
Three common ways to challenge a suspension are by means of the following defenses:
- No proper notice;
- Necessity; and/or,
- Mistake.
2.1. No proper notice
Recall that VC 13365.2 mandates the DMV to notify a driver of a suspension of his driving privileges. A driver, therefore, can challenge a suspension by showing that he was never sent this requisite notice. After all, if no notice, the motorist has no knowledge that he has to appear in traffic court or pay a fine associated with a ticket.
2.2. Necessity
Under a necessity defense, a defendant essentially tries to avoid guilt by showing that he had a sufficiently good reason to commit an offense. People sometimes refer to this defense as “guilty with an explanation.” In the context of Vehicle Code 13365.2, an accused could attempt to show that he did not appear in traffic court because he had no other choice (e.g., he had to take care of an emergency).
2.3. Mistake
A driver can always challenge a suspension by saying the court made a mistake. The driver would want to show that he did, in fact, appear in court in response to a ticket. If this defense is raised, it is important for the driver to have some type of evidence corroborating his court appearance (e.g., witnesses or documents).
3. Penalties, punishment, and sentencing
Failing to appear in traffic court, per California Vehicle Code 40508, is a crime that can be charged as a California misdemeanor.4
Also note that it is a criminal offense if a motorist is caught driving on a suspended license. The offense is punishable by:
- imprisonment in the county jail for up to six months, and/or
- a fine of up to $1,000.5
4. Related offenses
4.1. Failure to appear – VC 40508
Per Vehicle Code 40508, it is a criminal offense if a driver fails to appear in traffic court.
Under this statute, a driver fails to appear when he is willingly a no-show. It is not a defense if the driver did not intend to break the law.6
It also does not matter whether the offending driver is guilty or innocent of the underlying traffic citation.7 He violates VC 40508 just by breaking a promise to:
- appear in court,
- appear to pay bail,
- pay bail in installments,
- pay a fine within the time authorized, or
- comply with any condition of the court.8
Violation of Vehicle Code 40508 is a misdemeanor. The penalties are:
- up to six months in county jail, and/or
- a fine of up to $1,000.9
4.3. Failure to present a driver’s license – VC 12951
Vehicle Code 12951 makes it unlawful for a person to fail to present a driver’s license.
There are two ways to violate this statute.
The first, set forth in Vehicle Code 12951(a) VC, is when a person drives on a highway without his valid driver’s license in his possession.10
The second way to violate this law, under Vehicle Code 12951(b), is for a person to refuse to present a license to an officer when stopped.11
The penalties for failing to present a driver’s license depend on whether a person violates VC 12951(a) or VC 12951(b).
If a VC 12951(a) violation, then the offense is an infraction punishable by a fine of up to $250.12
If a VC 12951(b) violation, then the offense is a misdemeanor, punishable by:
- up to six months in county jail; and/or
- a fine of up to $1,000.13
Have your California driving privileges been suspended? Call us for help…
If you or someone you know received a suspension of driving privileges, per Vehicle Code 13365.2, we invite you to contact us for a free consultation. We can be reached 24/7.
Legal References:
- California Vehicle Code 13365.2 VC.
- See same.
- See same.
- California Vehicle Code 40508 VC.
- California Vehicle Code 14601.1(b)(1) VC.
- CALCRIM 2240: Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.
- See same.
- California Vehicle Code 40508 VC.
- California Penal Code 19 PC.
- Vehicle Code 12951 VC.
- See same.
- Penal Code 19.8 PC.
- California Penal Code 19 PC.