13365.2 VC – Suspension After a Hold on Driver’s License

Vehicle Code 13365.2 VC is the California statute that allows the DMV to suspend your driving privileges after a hold has been put on your driver’s license. This typically happens when you fail to appear in court on a traffic matter.

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(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.”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.
• after a hold gets put on Pedro’s license, for blowing off a ticket for driving on the wrong side of the road, 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.

Our California criminal defense attorneys will highlight the following in this article:

• 1. What is authorized under Vehicle Code 13365.2?
• 2. Are there 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 your driving privileges after a hold has been put on your driver’s license.¹

Per VC 13365.2, if the DMV wishes to suspend your driving privileges, it must send you a notice saying this.²

The suspension will take place on the 45^th day after the mailing of the notice. The suspension will continue until you appear in court for the ticket or citation.³

2. Are there defenses to challenge a suspension?

You can try to challenge a suspension of driving privileges. Three common defenses are the following:

You Had No Proper Notice

Recall that VC 13365.2 mandates the DMV to notify you of a suspension of your driving privileges. Therefore, you can challenge a suspension by showing that you were never sent this requisite notice.

After all, if no notice, you had no knowledge that you had to appear in traffic court or pay a fine associated with a ticket.

You Acted Out Of Necessity

Under a necessity defense, you try to avoid guilt by showing that you 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, you could attempt to show that you did not appear in traffic court because you had no other choice (for example, you had to take care of an emergency).

The Court Made a Mistake

You can always challenge a suspension by saying the court made a mistake. You would want to show that you did, in fact, appear in court in response to a ticket.

If this defense is raised, it is important for you to have some type of evidence corroborating your court appearance (for example, 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 misdemeanor.⁴

Also note that it is a criminal offense if you are 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

Failure to Appear – VC 40508

Per Vehicle Code 40508, it is a criminal offense if you fail to appear in traffic court.

Under this statute, you fail to appear when you are willingly a no-show. It is not a defense if you did not intend to break the law.⁶

It also does not matter whether you are guilty or innocent of the underlying traffic citation.⁷ You violate 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

Failure to Present a Driver’s License – VC 12951

Vehicle Code 12951 makes it unlawful 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 you drive on a highway without a valid driver’s license in your possession.¹⁰ The second way to violate this law, under Vehicle Code 12951(b), is to refuse to present a license to an officer when stopped.¹¹

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

Additional Resources

If your license was suspended due to a DUI, refer to the following California DMV articles:

• Driving Under the Influence: Age 21 and Older – Overview of how getting arrested for DUI affects your driving privileges.
• Driving Under the Influence (DUI) – Frequently-asked-questions and answers about the DMV consequences of a DUI case.
• Ignition Interlock Device List – Approved Manufacturers & BAIIDS (Breath Alcohol Ignition Interlock Devices) in California.
• Driver Safety Offices – For drivers seeking administrative hearings or drivers scheduled for departmental re-examinations.
• Licensing Fees – Costs for reinstating your license following a DUI.

---

Legal References: