Bay Area DUI Lawyer Drunk Driving Attorney DMV Hearing and License Suspension

Bay Area DUI Attorney
Bay Area DUI Lawyer Alameda DUI Attorney Contra Costa DUI Attorney Marin DUI Attorney Napa DUI Attorney San Francisco DUI Attorney San Mateo DUI Attorney Santa Clara DUI Attorney Sonoma DUI Attorney
Bay Area DUI Attorney Divider Bay Area DUI Divider DMV Hearing Divider DUI Investigation Divider Bay Area DUI Law Firm Divider Bay Area DUI Lawyer
Navigation Shadow Navigation Shadow

California Vehicle Code Section 13371 - Denial, Suspension, or Revocation: Request and Scope of Hearing

13371. This section applies to schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle certificates, and a certificate for a vehicle used for the transportation of developmentally disabled persons.

(a) Any driver or applicant who has received a notice of refusal, suspension, or revocation, may, within 15 days after the mailing date, submit to the department a written request for a hearing. Failure to demand a hearing within 15 days is a waiver of the right to a hearing.

(1) Upon receipt by the department of the hearing request, the department may stay the action until a hearing is conducted and the final decision has been rendered by the Certificate Action Review Board pursuant to paragraph (2) of subdivision (d). The department shall not stay an action when there is reasonable cause to believe the stay would pose a significant risk to the safety of pupils being transported in a schoolbus, school pupil activity bus, youth bus, or persons being transported in a general public paratransit vehicle.

(2) An applicant or driver 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 except where the cause for refusal is based on failure to meet medical standards or excessive and habitual use of or addiction to alcoholic beverages, narcotics, or dangerous drugs.

(b) The department shall appoint a hearing officer to conduct the hearing in accordance with Section 14112. After the hearing, the hearing officer shall prepare and submit findings and recommendations to the department.

(c) The department shall mail, as specified in Section 22, a copy of the hearing officer's findings and recommendations to the driver or applicant and to the driver or applicant's hearing representative, either of whom may file a statement of exception to the findings and recommendations within 24 days after the mailing date.

(d) (1) The Certificate Action Review Board consists of the following three members: a chairperson appointed by the director of the department, a member appointed by the Commissioner of the California Highway Patrol, and a member appointed by the Superintendent of Public Instruction.

(2) After a hearing, the board shall review the findings and recommendations of the hearing officer, and any statement of exception, and make a decision concerning disposition of the action taken by the department, which decision shall be final. At this stage, no evidence shall be heard that was not presented at the hearing, unless the person wishing to present the new evidence establishes, to the satisfaction of the board, that it could not have been obtained with due diligence prior to the hearing.

Amended Sec. 60, Ch. 877, Stats. 1998. Effective January 1, 1999.
Amended Sec. 3, Ch. 66, Stats. 2005. Effective January 1, 2006.

<< Return to California Vehicle Codes

Home > DMV Hearing > California Vehicle Code > VC Section 13371 - Denial, Suspension, or Revocation: Request and Scope of Hearing

Note: This website is intended for use by those seeking information relating to California driving under the influence (DUI), or driving while intoxicated (DWI) matters. Additionally, laws and legal procedures such as those presented in "BayAreaDUIDefense.com" are constantly changing. Consequently, any statute, law, or procedure may have changed as a result of drunk driving laws, judicial court decisions, or California Department of Motor Vehicles (DMV) license suspension rules, regulations, policies or procedures enacted since similar information was posted on this website. Moreover, the information provided here is not intended to be legal advice and should not be relied upon as such because there is no substitute for consulting with a qualified lawyer. Accordingly, the reader is strongly advised to consult with a qualified attorney and anyone with a legal problem should immediately obtain legal representation and advice from a California DUI defense attorney or criminal defense lawyer with extensive experience handling California DUI Defense cases who is aware of the facts specific to a particular DUI case.

The Law Office of Robert Tayac assumes no liability whatsoever for any use of "BayAreaDUIDefense.com" as it is provided for informational purposes only and is not intended to be legal advice from this office or from any attorney working for this firm. Rather, the information contained in this website is intended to be a starting point for further, subsequent discussions between a reader having a specific legal problem and a qualified California DUI attorney. All readers are informed that no lawyer-client relationship is intended nor formed by any use of this website and all readers are advised, in line with the Rules of the State Bar of California, that the only way to form an attorney-client relationship with The Law Office of Robert Tayac is to sign a legal services agreement, abide by its terms and receive a legal services agreement signed by an designated representative of the firm.

Home | Bay Area DUI | DMV Hearing | DUI Investigation | About Our Firm | Contact Us
Alameda
(510) 352-9500
Contra Costa
(925) 288-9800
Marin
(415) 552-6000
Napa
(707) 576-9900
San Francisco
(415) 552-6000
San Mateo
(650) 570-3000
Santa Clara
(408) 985-8700
Sonoma
(707) 576-9900