reglab/statecodes huggingface dataset:
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 3 - Suspension and Revocation by Department › Section 13377.

13377. (a) The department shall not issue or renew, or shall revoke, the tow truck driver certificate of an applicant or holder for any of the following causes:
(1) The tow truck driver certificate applicant or holder has been convicted of a violation of Section 220 of the Penal Code.
(2) The tow truck driver certificate applicant or holder has been convicted of a violation of paragraph (1), (2), (3), or (4) of subdivision (a) of Section 261 of the Penal Code.
(3) The tow truck driver certificate applicant or holder has been convicted of a violation of Section 264.1, 267, 288, or 289 of the Penal Code.
(4) The tow truck driver certificate applicant or holder has been convicted of any felony or three misdemeanors as set forth in subparagraph (B) of paragraph (2) of subdivision (a) of Section 5164 of the Public Resources Code.
(5) The tow truck driver certificate applicant’s or holder’s driving privilege has been suspended or revoked in accordance with any provisions of this code.
(b) For purposes of this section, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. For purposes of this section, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, is conclusive evidence of the conviction.
(c) Whenever the department receives information from the Department of Justice, or the Federal Bureau of Investigation, that a tow truck driver has been convicted of an offense specified in paragraph (1), (2), (3), or (4) of subdivision (a), the department shall immediately notify the employer and the Department of the California Highway Patrol.
(d) An applicant or holder of a tow truck driver certificate, whose certificate was denied or revoked, may reapply for a certificate whenever the applicable felony or misdemeanor conviction is reversed or dismissed. If the cause for the denial or revocation was based on the suspension or revocation of the applicant’s or holder’s driving privilege, he or she may reapply for a certificate upon restoration of his or her driving privilege. A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code is not a dismissal for purposes of this section.
(Amended by Stats. 2004, Ch. 184, Sec. 6. Effective July 23, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 3 - Suspension and Revocation by Department › Section 13378.

13378. (a) Any applicant for, or holder of, a tow truck driver certificate who has received a notice of refusal or revocation, may submit to the department, within 15 days after the mailing of the notice, a written request for a hearing. Failure to request a hearing, in writing, within 15 days is a waiver of the right to a hearing.
(b) Upon receipt by the department of the hearing request, the department may stay the action until a hearing is conducted and the final decision is made by the hearing officer. The department shall not stay the action when there is reasonable cause to believe that the stay would pose a threat to a member of the motoring public who may require the services of the tow truck driver in question.
(c) An applicant for, or a holder of, a tow truck driver certificate, whose certificate has been refused or revoked, is not entitled to a hearing whenever the action by the department is made mandatory by this article or any other applicable law or regulation.
(d) Upon receipt of a request for a hearing, and when the requesting party is entitled to a hearing under this article, the department shall appoint a hearing officer to conduct a hearing in accordance with Section 14112.
(Amended by Stats. 2005, Ch. 66, Sec. 8. Effective January 1, 2006.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 3 - Suspension and Revocation by Department › Section 13380.

13380. (a) If a peace officer serves a notice of an order of suspension pursuant to Section 13388, or arrests any person for a violation of Section 23140, 23152, or 23153, the peace officer shall immediately forward to the department a sworn report of all information relevant to the enforcement action, including information that adequately identifies the person, a statement of the officer’s grounds for belief that the person violated Section 23136, 23140, 23152, or 23153, a report of the results of any chemical tests that were conducted on the person or the circumstances constituting a refusal to submit to or complete the chemical testing pursuant to Section 13388 or 23612, a copy of any notice to appear under which the person was released from custody, and, if immediately available, a copy of the complaint filed with the court. For the purposes of this section and subdivision (g) of Section 23612, “immediately” means on or before the end of the fifth ordinary business day following the arrest, except that with respect to Section 13388 only, “immediately” has the same meaning as that term is defined in paragraph (3) of subdivision (b) of Section 13388.
(b) The peace officer’s sworn report shall be made on forms furnished or approved by the department.
(c) For the purposes of this section, a report prepared pursuant to subdivision (a) and received pursuant to subdivision (a) of Section 1801, is a sworn report when it bears an entry identifying the maker of the document or a signature that has been affixed by means of an electronic device approved by the department.
(Added by Stats. 1998, Ch. 118, Sec. 3.24. Effective January 1, 1999. Operative July 1, 1999, by Sec. 85 of Ch. 118.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 3 - Suspension and Revocation by Department › Section 13382.

13382. (a) If the chemical test results for a person who has been arrested for a violation of Section 23152 or 23153 show that the person has 0.08 percent or more, by weight, of alcohol in the person’s blood, or if the chemical test results for a person who has been arrested for a violation of Section 23140 show that the person has 0.05 percent or more, by weight, of alcohol in the person’s blood, the peace officer, acting on behalf of the department, shall serve a notice of order of suspension or revocation of the person’s privilege to operate a motor vehicle personally on the arrested person.
(b) If the peace officer serves the notice of order of suspension or revocation, the peace officer shall take possession of any driver’s license issued by this state which is held by the person. When the officer takes possession of a valid driver’s license, the officer shall issue, on behalf of the department, a temporary driver’s license. The temporary driver’s license shall be an endorsement on the notice of the order of suspension or revocation and shall be valid for 30 days from the date of arrest.
(c) The peace officer shall immediately forward a copy of the completed notice of order of suspension form, and any driver’s license taken into possession under subdivision (b), with the report required by Section 13380, to the department. For the purposes of this section, “immediately” means on or before the end of the fifth ordinary business day following the arrest.
(Added by Stats. 1998, Ch. 118, Sec. 4. Effective January 1, 1999. Operative July 1, 1999, by Sec. 85 of Ch. 118.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 3 - Suspension and Revocation by Department › Section 13384.

13384. (a) The department shall not issue or renew a driver’s license to any person unless the person consents in writing to submit to a chemical test or tests of that person’s blood, breath, or urine pursuant to Section 23612, or a preliminary alcohol screening test pursuant to Section 23136, when requested to do so by a peace officer.
(b) All application forms for driver’s licenses or driver’s license renewal notices shall include a requirement that the applicant sign the following declaration as a condition of licensure:
“I agree to submit to a chemical test of my blood, breath, or urine for the purpose of determining the alcohol or drug content of my blood when testing is requested by a peace officer acting in accordance with Section 13388 or 23612 of the Vehicle Code.”
(c) The department is not, incident to this section, required to maintain, copy, or store any information other than that to be incorporated into the standard application form.
(Added by Stats. 1998, Ch. 118, Sec. 5. Effective January 1, 1999. Operative July 1, 1999, by Sec. 85 of Ch. 118.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 3 - Suspension and Revocation by Department › Section 13385.

13385. (a) On or after July 1, 2008, all application forms for driver’s licenses or driver’s license renewal notices shall include a requirement that the applicant sign the following declaration as a condition of licensure:
“I am hereby advised that being under the influence of alcohol or drugs, or both, impairs the ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I drive while under the influence of alcohol or drugs, or both, and as a result, a person is killed, I can be charged with murder.”
(b) On all application forms for driver’s licenses or driver’s license renewal notices printed by the department, in English or a language other than English, the department shall include the declaration in the same language as the application or renewal notice.
(c) The department is not, incident to this section, required to maintain, copy, or store any information other than that to be incorporated into the standard application form.
(Added by Stats. 2007, Ch. 748, Sec. 2. Effective January 1, 2008.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 3 - Suspension and Revocation by Department › Section 13388.

13388. (a)  If a peace officer lawfully detains a person under 21 years of age who is driving a motor vehicle, and the officer has reasonable cause to believe that the person is in violation of Section 23136, the officer shall request that the person take a preliminary alcohol screening test to determine the presence of alcohol in the person, if a preliminary alcohol screening test device is immediately available. If a preliminary alcohol screening test device is not immediately available, the officer may request the person to submit to chemical testing of his or her blood, breath, or urine, conducted pursuant to Section 23612.
(b) If the person refuses to take, or fails to complete, the preliminary alcohol screening test or refuses to take or fails to complete a chemical test if a preliminary alcohol device is not immediately available, or if the person takes the preliminary alcohol screening test and that test reveals a blood-alcohol concentration of 0.01 percent or greater, or if the results of a chemical test reveal a blood-alcohol concentration of 0.01 percent or greater, the officer shall proceed as follows:
(1) The officer, acting on behalf of the department, shall serve the person with a notice of an order of suspension of the person’s driving privilege.
(2) The officer shall take possession of any driver’s license issued by this state which is held by the person. When the officer takes possession of a valid driver’s license, the officer shall issue, on behalf of the department, a temporary driver’s license. The temporary driver’s license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of issuance, or until receipt of the order of suspension from the department, whichever occurs first.
(3) The officer immediately shall forward a copy of the completed notice of order of suspension form, and any driver’s license taken into possession under paragraph (2), with the report required by Section 13380, to the department. For the purposes of this paragraph, “immediately” means on or before the end of the fifth ordinary business day after the notice of order of suspension was served.
(c) For the purposes of this section, a preliminary alcohol screening test device is an instrument designed and used to measure the presence of alcohol in a person based on a breath sample.
(Added by Stats. 1998, Ch. 118, Sec. 7. Effective January 1, 1999. Operative July 1, 1999, by Sec. 85 of Ch. 118.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 3 - Suspension and Revocation by Department › Section 13389.

13389. (a) If a peace officer lawfully detains a person previously convicted of Section 23152 or 23153 who is driving a motor vehicle, while the person is on probation for a violation of Section 23152 or 23153, and the officer has reasonable cause to believe that the person is in violation of Section 23154, the officer shall request that the person take a preliminary alcohol screening test to determine the presence of alcohol in the person, if a preliminary alcohol screening test device is immediately available. If a preliminary alcohol screening test device is not immediately available, the officer may request the person to submit to chemical testing of his or her blood, breath, or urine, conducted pursuant to Section 23612.
(b) If the person refuses to take, or fails to complete, the preliminary alcohol screening test or refuses to take or fails to complete a chemical test if a preliminary alcohol device is not immediately available, or if the person takes the preliminary alcohol screening test and that test reveals a blood-alcohol concentration of 0.01 percent or greater, the officer shall proceed as follows:
(1) The officer, acting on behalf of the department, shall serve the person with a notice of an order of suspension of the person’s driving privilege.
(2) (A) The officer shall take possession of any driver’s license issued by this state that is held by the person. When the officer takes possession of a valid driver’s license, the officer shall issue, on behalf of the department, a temporary driver’s license.
(B) The temporary driver’s license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of issuance, or until receipt of the order of suspension from the department, whichever occurs first.
(3) (A) The officer shall immediately forward a copy of the completed notice of order of suspension form, and any driver’s license taken into possession under paragraph (2), with the report required by Section 13380, to the department.
(B) For the purposes of subparagraph (A), “immediately” means on or before the end of the fifth ordinary business day after the notice of order of suspension was served.
(c) For the purposes of this section, a preliminary alcohol screening test device is an instrument designed and used to measure the presence of alcohol in a person based on a breath sample.
(Added by Stats. 2007, Ch. 749, Sec. 3. Effective January 1, 2008. Operative January 1, 2009, by Sec. 9 of Ch. 749.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 3 - Suspension and Revocation by Department › Section 13390.

13390. (a) A temporary license issued pursuant to Section 13382 or 13389 shall contain a notice that the person may be able to regain driving privileges with the installation of an ignition interlock device, that financial assistance may be available for that purpose, and a contact for obtaining more information regarding the ignition interlock program.
(b) This section shall become operative on January 1, 2019.
(c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Repealed (Jan. 1, 2018) and added by Stats. 2017, Ch. 485, Sec. 18. (SB 611) Effective January 1, 2018. Section operative January 1, 2019, by its own provisions. Repealed as of January 1, 2026, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 3 - Suspension and Revocation by Department › Section 13392.

13392. Any person whose license is suspended or delayed issuance pursuant to Section 13388 shall pay to the department, in addition to any other fees required for the reissuance, return, or issuance of a driver’s license, one hundred dollars ($100) for the reissuance, return, or issuance of his or her driver’s license.
(Added by Stats. 1998, Ch. 118, Sec. 9. Effective January 1, 1999. Operative July 1, 1999, by Sec. 85 of Ch. 118.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 4 - Procedure › Section 13550.

13550. Whenever any person is convicted of any offense for which this code makes mandatory the revocation or suspension by the department of the privilege of the person to operate a motor vehicle, the privilege of the person to operate a motor vehicle is suspended or revoked until the department takes the action required by this code, and the court in which the conviction is had shall require the surrender to it of the driver’s license or temporary permit issued to the person convicted and the court shall within 10 days after the conviction forward the same with the required report of the conviction to the department.
(Amended by Stats. 1990, Ch. 44, Sec. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 4 - Procedure › Section 13551.

13551. (a) Whenever the department revokes or suspends the privilege of any person to operate a motor vehicle, the revocation or suspension shall apply to all driver’s licenses held by that person, and, unless previously surrendered to the court, all of those licenses shall be surrendered to the department, or, pursuant to Section 13388, 23612, or 13382, to a peace officer on behalf of the department. Whenever the department cancels a driver’s license, the license shall be surrendered to the department. All suspended licenses shall be retained by the department. The department shall return the license to the licensee, or may issue the person a new license upon the expiration of the period of suspension or revocation, if the person is otherwise eligible for a driver’s license.
(b) The department shall return the license to the licensee, or may issue the person a new license, whenever the department determines that the grounds for suspension, revocation, or cancellation did not exist at the time the action was taken, if the person is otherwise eligible for a driver’s license.
(Amended by Stats. 1998, Ch. 118, Sec. 3.18. Effective January 1, 1999. Operative July 1, 1999, by Sec. 85 of Ch. 118.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 4 - Procedure › Section 13552.

13552. (a) The privileges of a nonresident to operate vehicles in this state may be suspended or revoked under the provisions of this chapter in the same manner and to the same extent as the privileges of a resident driver.
(b) Any nonresident, whether or not licensed to drive in a foreign jurisdiction, who operates a motor vehicle upon a highway after his privilege of operating a motor vehicle in this state has been suspended or revoked is in violation of Section 14601 or 14601.1.
(c) Whenever the department revokes or suspends the privileges of a nonresident to operate vehicles in this state, it shall send a certified copy of the order to the proper authorities in the state wherein the person is a resident.
(Amended by Stats. 1971, Ch. 438.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 4 - Procedure › Section 13553.

13553. Whenever a court or the department suspends or revokes the privilege of any person to operate a motor vehicle and the person does not hold a valid driver’s license, or has never applied for or received a driver’s license in this State, the person shall be subject to any and all penalties and disabilities provided in this code for a violation of the terms and conditions of a suspension or revocation of the privilege to operate a motor vehicle.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 4 - Procedure › Section 13555.

13555. A termination of probation and dismissal of charges pursuant to Section 1203.4 of, or a dismissal of charges pursuant to Section 1203.4a of, or relief granted pursuant to Section 1203.425 of, the Penal Code does not affect any revocation or suspension of the privilege of the person convicted to drive a motor vehicle under this chapter. Such person’s prior conviction shall be considered a conviction for the purpose of revoking or suspending or otherwise limiting such privilege on the ground of two or more convictions.
(Amended by Stats. 2019, Ch. 578, Sec. 10. (AB 1076) Effective January 1, 2020.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 4 - Procedure › Section 13556.

13556. (a) Unless otherwise specifically provided in this chapter, no suspension of a license by the department shall be for a longer period than six months, except that the department may suspend a license for a maximum period of 12 months in those cases when a discretionary revocation would otherwise be authorized pursuant to this chapter.
(b) Any discretionary suspension, the ending of which is dependent upon an action by the person suspended and which has been in effect for eight years, may be ended at the election of the department.
(c) Notwithstanding any other provisions of this code, a suspension based upon a physical or mental condition shall continue until evidence satisfactory to the department establishes that the cause for which the action was taken has been removed or no longer renders the person incapable of operating a motor vehicle safely.
(Amended by Stats. 1982, Ch. 612, Sec. 1.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 2 - Suspension or Revocation of Licenses › ARTICLE 4 - Procedure › Section 13559.

13559. (a) Notwithstanding Section 14400 or 14401, within 30 days of the issuance of the notice of determination of the department sustaining an order of suspension or revocation of the person’s privilege to operate a motor vehicle after the hearing pursuant to Section 13558, the person may file a petition for review of the order in the court of competent jurisdiction in the person’s county of residence. The filing of a petition for judicial review shall not stay the order of suspension or revocation. The review shall be on the record of the hearing and the court shall not consider other evidence. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is not supported by the evidence in the record, the court may order the department to rescind the order of suspension or revocation and return, or reissue a new license to, the person.
(b) A finding by the court after a review pursuant to this section shall have no collateral estoppel effect on a subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding.
(Amended by Stats. 1990, Ch. 431, Sec. 12. Effective July 26, 1990.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 1 - Investigation and Re-examination › Section 13800.

13800. The department may conduct an investigation to determine whether the privilege of any person to operate a motor vehicle should be suspended or revoked or whether terms or conditions of probation should be imposed upon receiving information or upon a showing by its records:
(a) That the licensee has been involved as a driver in an accident causing death or personal injury or serious damage to property.
(b) That the licensee has been involved in three or more accidents within a period of 12 consecutive months.
(c) That the person in three consecutive years has committed three or more offenses that have resulted in convictions involving the consumption of an alcoholic beverage or drug, or both, while operating a motor vehicle, including, but not limited to, offenses under Section 23103.5, 23152, 23153, 23222, or 23224; has been involved in three or more crashes in which the crash reports show that the person was driving and had consumed alcoholic beverages or drugs, or both; or had any combination of three or more of those offenses and crashes.
(d) That the licensee is a reckless, negligent, or incompetent driver of a motor vehicle.
(e) That the licensee has permitted an unlawful or fraudulent use of their driver’s license.
(f) That any ground exists for which a license might be refused. The receipt by the department of an abstract of the record of conviction of any offense involving the use or possession of narcotic controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code shall be a sufficient basis for an investigation by the department to determine whether grounds exist for which a license might be refused.
(Amended by Stats. 2022, Ch. 81, Sec. 3. (AB 2198) Effective January 1, 2023.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 1 - Investigation and Re-examination › Section 13801.

13801. In addition to the investigation, the department may require the re-examination of the licensee, and shall give 10 days’ written notice of the time and place thereof. If the licensee refuses or fails to submit to the re-examination, the department may peremptorily suspend the driving privilege of the person until such time as the licensee shall have submitted to re-examination. The suspension shall be effective upon notice.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 1 - Investigation and Re-examination › Section 13802.

13802. In applying the provisions of Section 13800 the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle.
(Amended by Stats. 1961, Ch. 1615.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 2 - Notice › Section 13950.

13950. Whenever the department determines upon investigation or re-examination that any of the grounds for re-examination are true, or that the safety of the person investigated or re-examined or other persons upon the highways requires such action, and it proposes to revoke or suspend the driving privilege of the person or proposes to impose terms of probation on his driving privilege, notice and an opportunity to be heard shall be given before taking the action.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 2 - Notice › Section 13951.

13951. Whenever the department proposes to refuse to issue or renew a driver’s license, it shall notify the applicant of such fact and give him an opportunity to be heard.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 2 - Notice › Section 13952.

13952. The notice shall contain a statement setting forth the proposed action and the grounds therefor, and notify the person of his right to a hearing as provided in this chapter, or the department, at the time it gives notice of its intention to act may set the date of hearing, giving 10 days’ notice thereof.
(Amended by Stats. 1961, Ch. 58.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 2 - Notice › Section 13953.

13953. In the alternative to the procedure under Sections 13950, 13951, and 13952 and in the event the department determines upon investigation or reexamination that the safety of the person subject to investigation or reexamination or other persons upon the highways require such action, the department shall forthwith and without hearing suspend or revoke the privilege of the person to operate a motor vehicle or impose reasonable terms and conditions of probation which shall be relative to the safe operation of a motor vehicle. No order of suspension or revocation or the imposition of terms or conditions of probation shall become effective until 30 days after the giving of written notice thereof to the person affected, except that the department shall have authority to make any such order effective immediately upon the giving of notice when in its opinion because of the mental or physical condition of the person such immediate action is required for the safety of the driver or other persons upon the highways.
(Amended by Stats. 1969, Ch. 1045.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 3 - Hearing › Section 14100.

14100. (a) Whenever the department has given notice, or has taken or proposes to take action under Section 12804.15, 13353, 13353.2, 13950, 13951, 13952, or 13953, the person receiving the notice or subject to the action may, within 10 days, demand a hearing which shall be granted, except as provided in Section 14101.
(b) An application for a hearing does not stay the action by the department for which the notice is given.
(c) The fact that a person has the right to request an administrative hearing within 10 days after receipt of the notice of the order of suspension under this section and Section 16070, and that the request is required to be made within 10 days in order to receive a determination prior to the effective date of the suspension shall be made prominent on the notice.
(d) The department shall make available notices, to accompany the notice provided pursuant to this section, that provide the information required pursuant to subdivision (c) in all non-English languages spoken by a substantial number of the public served by the department, and shall distribute the notices as it determines is appropriate.
(e) The department shall implement the provisions of subdivisions (c) and (d) as soon as practicable, but not later than January 1, 1994.
(Amended by Stats. 2001, Ch. 658, Sec. 5. Effective October 10, 2001.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 3 - Hearing › Section 14100.1.

14100.1. Hearings granted on refusal, suspension, or revocation of a passenger transportation vehicle or hazardous materials endorsement, or farm labor vehicle certificate shall be conducted according to Chapter 3 (commencing with Section 13800) of Division 6.
(Added by Stats. 1990, Ch. 1360, Sec. 42.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 3 - Hearing › Section 14101.

14101. A person is not entitled to a hearing in either of the following cases:
(a)  If the action by the department is made mandatory by this code.
(b)  If the person has previously been given an opportunity with appropriate notice for a hearing and failed to request a hearing within the time specified by law.
(Amended by Stats. 1991, Ch. 13, Sec. 32. Effective February 13, 1991.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 3 - Hearing › Section 14103.

14103. Failure to respond to a notice given under this chapter within 10 days is a waiver of the right to a hearing, and the department may take action without a hearing or may, upon request of the person whose privilege of driving is in question, or at its own option, reopen the question, take evidence, change, or set aside any order previously made, or grant a hearing.
(Amended by Stats. 1991, Ch. 13, Sec. 34. Effective February 13, 1991.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 3 - Hearing › Section 14104.

14104. If the department grants a hearing as provided in this chapter, it shall fix a time and place for the hearing and shall give 10 days’ notice of the hearing to the applicant or licensee. The notice of hearing shall also include a statement of the discovery rights of the applicant or licensee to review the department’s records prior to the hearing.
(Amended by Stats. 1991, Ch. 13, Sec. 35. Effective February 13, 1991.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 3 - Hearing › Section 14104.2.

14104.2. (a) Any hearing shall be conducted by the director or by a hearing officer or hearing board appointed by him or her from officers or employees of the department.
(b) The entire proceedings at any hearing may be recorded by a phonographic recorder or by mechanical, electronic, or other means capable of reproduction or transcription.
(Added by Stats. 1991, Ch. 13, Sec. 36. Effective February 13, 1991.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 3 - Hearing › Section 14104.5.

14104.5. (a) Before a hearing has commenced, the department, or the hearing officer or hearing board, shall issue subpoenas or subpoenas duces tecum, or both, at the request of any party, for attendance or production of documents at the hearing. After the hearing has commenced, the department, if it is hearing the case, or the hearing officer sitting alone, or the hearing board, may issue subpoenas or subpoenas duces tecum, or both.
(b) Notwithstanding Section 11450.20 of the Government Code, subpoenas and subpoenas duces tecum issued in conjunction with the hearings may be served by first-class mail.
(Amended by Stats. 1999, Ch. 724, Sec. 32. Effective January 1, 2000.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 3 - Hearing › Section 14104.7.

14104.7. At any hearing, the department shall consider its official records and may receive sworn testimony. At the hearing, or subsequent to the hearing with the consent of the applicant or licensee, any or all of the following may be submitted as evidence concerning any fact relating to the ability of the applicant or licensee to safely operate a motor vehicle:
(a) Reports of attending or examining physicians and surgeons.
(b) Reports of special investigators appointed by the department to investigate and report upon any facts relating to the ability of the person to operate a vehicle safely.
(c) Properly authenticated reports of hospital records, excerpts from expert testimony received by the department or a hearing board upon similar issues of scientific fact in other cases, and the prior decision of the director upon those issues.
(Added by Stats. 1991, Ch. 13, Sec. 38. Effective February 13, 1991.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 3 - Hearing › Section 14105.

14105. (a) Upon the conclusion of a hearing, the hearing officer or hearing board shall make findings and render a decision on behalf of the department and shall notify the person involved. Notice of the decision shall include a statement of the person’s right to a review. The decision shall take effect as stated in the notice, but not less than four nor more than 15 days after the notice is mailed.
(b) The decision may be modified at any time after issuance to correct mistakes or clerical errors.
(Amended by Stats. 1999, Ch. 724, Sec. 33. Effective January 1, 2000.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 3 - Hearing › Section 14105.5.

14105.5. (a) The person subject to a hearing may request a review of the decision taken under Section 14105 within 15 days of the effective date of the decision.
(b) On receipt of a request for review, the department shall stay the action pending a decision on review, unless the hearing followed an action pursuant to Section 13353, 13353.2, or 13953. The review shall include an examination of the hearing report, documentary evidence, and findings. The hearing officer or hearing board conducting the original hearing may not participate in the review process.
(c) Following the review, a written notice of the department’s decision shall be mailed to the person involved. If the action has been stayed pending review, the department’s decision shall take effect as stated in the notice, but not less than four nor more than 15 days after the notice is mailed.
(d) The decision may be modified at any time after issuance to correct mistakes or clerical errors.
(Amended by Stats. 1999, Ch. 724, Sec. 34. Effective January 1, 2000.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 3 - Hearing › Section 14106.

14106. Following the mailing of the notice of the department’s decision pursuant to Section 14105.5, the department, at its own option or upon the request of the person whose privilege of driving is in question, may reopen the question, take further evidence, or change or set aside any order previously made.
(Amended by Stats. 1991, Ch. 13, Sec. 41. Effective February 13, 1991.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 3 - Hearing › Section 14112.

14112. (a) All matters in a hearing not covered by this chapter shall be governed, as far as applicable, by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Subdivision (a) of Section 11425.30 of the Government Code does not apply to a proceeding for issuance, denial, revocation, or suspension of a driver’s license pursuant to this division.
(Amended by Stats. 2004, Ch. 193, Sec. 196. Effective January 1, 2005.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 4 - Probation › Section 14250.

14250. Whenever by any provision of this code the department has discretionary authority to suspend or revoke the privilege of a person to operate a motor vehicle, the department may in lieu of suspension or revocation place the person on probation, the terms of which may include a suspension as a condition of probation, issuing a probationary license with such reasonable terms and conditions as shall be deemed by the department to be appropriate.
(Amended by Stats. 1963, Ch. 154.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 4 - Probation › Section 14250.5.

14250.5. The department, as a condition of probation, may require a person whose privilege to operate a motor vehicle is subject to suspension or revocation to attend, for not to exceed 24 hours, the program authorized by the provisions of Section 1659.
(Added by Stats. 1965, Ch. 447.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 4 - Probation › Section 14252.

14252. The department upon receiving satisfactory evidence of a violation of any of the terms or conditions of probation imposed under this code, may withdraw the probationary license and order the suspension or revocation of the privilege to operate a motor vehicle.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 4 - Probation › Section 14253.

14253. Unless probation was imposed for a cause which is continuing, the probationer, after not less than one year, may request in writing the termination of the probation and the return of his regular license. Upon a showing that there has been no violation of the terms or conditions of the probation for a period of one year immediately preceding the request, the department shall terminate the probation and either restore to the person his driver’s license or require an application for a new license.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 5 - Review of Orders › Section 14400.

14400. Nothing in this code shall be deemed to prevent a review or other action as may be permitted by the Constitution and laws of this State by a court of competent jurisdiction of any order of the department refusing, canceling, suspending, or revoking the privilege of a person to operate a motor vehicle.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 3 - Investigation and Hearing › ARTICLE 5 - Review of Orders › Section 14401.

14401. (a) Any action brought in a court of competent jurisdiction to review any order of the department refusing, canceling, placing on probation, suspending, or revoking the privilege of a person to operate a motor vehicle shall be commenced within 90 days from the date the order is noticed.
(b) Upon final completion of all administrative appeals, the person whose driving privilege was refused, canceled, placed on probation, suspended, or revoked shall be given written notice by the department of his or her right to a review by a court pursuant to subdivision (a).
(Amended by Stats. 1985, Ch. 1008, Sec. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 4 - Violation of License Provisions › Section 14600.

14600. (a) Whenever any person after applying for or receiving a driver’s license moves to a new residence, or acquires a new mailing address different from the address shown in the application or in the license as issued, he or she shall within 10 days thereafter notify the department of both the old and new address. The department may issue a document to accompany the driver’s license reflecting the new address of the holder of the license.
(b) When, pursuant to subdivision (b) of Section 12951, a driver presents his or her driver’s license to a peace officer, he or she shall, if applicable, also present the document issued pursuant to subdivision (a) if the driver’s license does not reflect the driver’s current residence or mailing address.
(Amended by Stats. 1992, Ch. 1243, Sec. 86.4. Effective September 30, 1992.)
2023 California Code › Vehicle Code - VEH › DIVISION 6 - DRIVERS' LICENSES › CHAPTER 4 - Violation of License Provisions › Section 14601.

14601. (a) No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving in violation of Section 23103, 23104, or 23105, any reason listed in subdivision (a) or (c) of Section 12806 authorizing the department to refuse to issue a license, negligent or incompetent operation of a motor vehicle as prescribed in subdivision (e) of Section 12809, or negligent operation as prescribed in Section 12810.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.
(b)  A person convicted under this section shall be punished as follows:
(1) Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000).
(2) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, by imprisonment in a county jail for not less than 10 days or more than one year and by a fine of not less than five hundred dollars ($500) or more than two thousand dollars ($2,000).
(c) If the offense occurred within five years of a prior offense that resulted in a conviction of a violation of this section or Section 14601.1, 14601.2, or 14601.5, and is granted probation, the court shall impose as a condition of probation that the person be confined in a county jail for at least 10 days.
(d) Nothing in this section prohibits a person from driving a motor vehicle, that is owned or utilized by the person’s employer, during the course of employment on private property that is owned or utilized by the employer, except an offstreet parking facility as defined in subdivision (c) of Section 12500.
(e) When the prosecution agrees to a plea of guilty or nolo contendere to a charge of a violation of this section in satisfaction of, or as a substitute for, an original charge of a violation of Section 14601.2, and the court accepts that plea, except, in the interest of justice, when the court finds it would be inappropriate, the court shall, pursuant to Section 23575, require the person convicted, in addition to any other requirements, to install a certified ignition interlock device on any vehicle that the person owns or operates for a period not to exceed three years.
(f) This section also applies to the operation of an off-highway motor vehicle on those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
(Amended by Stats. 2007, Ch. 682, Sec. 14. Effective January 1, 2008.)