The California Department of Motor Vehicles (DMV) is the government agency granted the power to issue a driving privilege to qualified drivers and to oversee the capacity of existing drivers. What few people understand, however, is the nearly unbridled power the DMV possesses to deny a person the privilege to drive.
California Vehicle Code (CVC) section 12806 is a broad section of law that permits the DMV to refuse to issue a new driver license, or refuse to renew an existing driver license, if the person is addicted to or habitually uses alcohol or any drug. It also permits the DMV to take this action if the person suffers with lapses of consciousness or any other physical or mental disorder which makes them unsafe to drive.
CVC Section 12806 (a) determines:
“The department may refuse to issue a driver’s license to, or renew a driver’s license of, any person who is rendered incapable of safely operating a motor vehicle because of alcoholism, excessive and chronic use of alcoholic beverages, or addition to, or habitual use of, any drug.” CVC Section 12806(b)determines: “The department may refuse to issue a driver’s license to, or renew a driver’s license of, any person who is addicted to the use of narcotic drugs unless the person is participating in a narcotic treatment program, in which case the person may be issued a probationary license, subject to reasonable terms and conditions, if that drug usage does not affect the person’s ability to exercise reasonable and ordinary control in operating a motor vehicle on the highway.” CVC Section 12806(c)determines: “The department may refuse to issue a driver’s license to, or renew a driver’s license of, any person who has a disorder characterized by lapses of consciousness or who has experienced, within the last three years, either a lapse of consciousness or an episode of marked confusion caused by any condition which may bring about recurrent lapses, or who has any physical or mental disability, disease or disorder which could affect the safe operation of a motor vehicle unless the department has medical information which indicates the person may safely operate a motor vehicle. In making its determination, the department may rely upon any relevant information available to the department.”
How we use CVC section 12806 to your advantage? Because CVC section 12806 is a discretionary section of the law, which means the Department of Motor Vehicles MAY take this action against a driver; but again they may not. This creates an opportunity for a driver to defend themselves and to present evidence they have no physical or mental condition which effects driving, or that an existing condition is stable. Using this and other sections of the law, we can schedule an administrative hearing to present valid and relevant evidence and testimony establishing your ability to safely drive. 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 12806, you should react immediately.
Pick up the telephone and call the DMV Defense Experts from California Drivers Advocates (CDA). We are a team of administrative advocates, former police officers, DMV hearing officers, investigators and scientists who are ready to turn the tables on the DMV. We will use our knowledge of the Vehicle Code and years of defense experience to protect your rights. Don’t let the DMV steal your privilege to drive without a fight. Call CDA today.
If the DMV is your problem……California Drivers Advocates is your solution.
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Our team of professionals has been representing drivers at all forms of DMV hearings for decades. Also, DMV Defense is the only thing that we do. We know the process and we know what it takes to be successful at beating the DMV. We will examine documents, interview witnesses, and subpoena additional evidence; such as audio and video tapes. We will subpoena breath testing logs and medical documents. In some instances we may subpoena the police officer to appear for cross-examination. It is our policy to prepare for and conduct your hearing similar to a “mini-trial.” Trust our DMV Defense Experts to get the job done correctly. A less experienced... View full business profile here: California Drivers Advocates
