2007 California Vehicle Code Article 2. Suspension Or Revocation By Court

CA Codes (veh:13200-13210)

VEHICLE CODE

SECTION 13200-13210




13200.  Whenever any person licensed under this code is convicted of
a violation of any provision of this code relating to the speed of
vehicles or a violation of Section 23103 the court may, unless this
code makes mandatory a revocation by the department, suspend the
privilege of the person to operate a motor vehicle for a period of
not to exceed 30 days upon a first conviction, for a period of not to
exceed 60 days upon a second conviction, and for a period of not to
exceed six months upon a third or any subsequent conviction.



13200.5.  Whenever any person licensed under this code is convicted
of a violation of subdivision (b) of Section 22348, the court may,
unless this code makes mandatory a revocation by the department,
suspend the privilege of the person to operate a motor vehicle for a
period of not to exceed 30 days.



13201.  A court may suspend, for not more than six months, the
privilege of a person to operate a motor vehicle upon conviction of
any of the following offenses:
   (a) Failure of the driver of a vehicle involved in an accident to
stop or otherwise comply with Section 20002.
   (b) Reckless driving proximately causing bodily injury to a person
under Section 23104 or 23105.
   (c) Failure of the driver of a vehicle to stop at a railway grade
crossing as required by Section 22452.
   (d) Evading a peace officer in violation of Section 2800.1 or
2800.2, or in violation of Section 2800.3 if the person's license is
not revoked for that violation pursuant to paragraph (3) of
subdivision (a) of Section 13351.
   (e) (1) Knowingly causing or participating in a vehicular
collision, or any other vehicular accident, for the purpose of
presenting or causing to be presented any false or fraudulent
insurance claim.
   (2) In lieu of suspending a person's driving privilege pursuant to
paragraph (1), the court may order the privilege to operate a motor
vehicle restricted to necessary travel to and from that person's
place of employment for not more than six months. If driving a motor
vehicle is necessary to perform the duties of the person's
employment, the court may restrict the driving privilege to allow
driving in that person's scope of employment. Whenever a person's
driving privilege is restricted pursuant to this paragraph, the
person shall be required to maintain proof of financial
responsibility.



13201.5.  (a) A court may suspend, for not more than 30 days, the
privilege of any person to operate a motor vehicle upon conviction of
subdivision (b) of Section 647 of the Penal Code where the violation
was committed within 1,000 feet of a private residence and with the
use of a vehicle.
   (b) A court may suspend, for not more than 30 days, the privilege
of any person to operate a motor vehicle upon conviction of
subdivision (a) of Section 647 of the Penal Code, where a peace
officer witnesses the violator pick up a person who is engaging in
loitering with the intent to commit prostitution, as described in
Section 653.22 of the Penal Code, and the violator subsequently
engages with that person in a lewd act within 1,000 feet of a private
residence and with the use of a vehicle.
   (c) Instead of ordering the suspension under subdivision (a) or
(b), a court may order a person's privilege to operate a motor
vehicle restricted for not more than six months to necessary travel
to and from the person's place of employment or education.  If
driving a motor vehicle is necessary to perform the duties of the
person's employment, the court may also allow the person to drive in
that person's scope of employment.



13202.  (a) A court may suspend or order that the department revoke
in which case the department shall revoke the privilege of any person
to operate a motor vehicle upon conviction of any offense related to
controlled substances as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code when the use of a motor
vehicle was involved in, or incidental to, the commission of the
offense.
   (b) A court shall order that the department revoke and the
department shall revoke the privilege of any person to operate a
motor vehicle upon conviction of a violation of Section 11350, 11351,
11352, 11353, 11357, 11359, 11360, or 11361 of the Health and Safety
Code when a motor vehicle was involved in, or incidental to, the
commission of such offense.
   (c) The period of time for suspension or the period after
revocation during which the person may not apply for a license shall
be determined by the court, but in no event shall such period exceed
three years from the date of conviction.



13202.4.  (a) (1) For each conviction of a minor who commits a
public offense involving a pistol, revolver, or other firearm capable
of being concealed upon the person, the court may suspend the minor'
s driving privilege for five years.  If the minor convicted does not
yet have the privilege to drive, the court may order the department
to delay issuing the privilege to drive for five years subsequent to
the time the person becomes legally eligible to drive.  For each
successive offense, the court may suspend the minor's driving
privilege for those possessing a license or delay the eligibility for
those not in possession of a license at the time of their conviction
for one additional year.
   (2) (A) Any minor whose driving privilege is suspended pursuant to
this section may elect to reduce the period of suspension or delay
imposed by the court by performing community service under the
supervision of the probation department if both of the following
conditions are met:
   (i) At least 50 percent of the suspension or delay period has
expired.
   (ii) The person has not been the subject of any other criminal
conviction during the suspension or delay period.
   (B) If the conditions specified in subparagraph (A) are met, the
period of suspension or delay ordered under paragraph (1) shall be
reduced at the rate of one day for each hour of community service
performed.
   (3) As used in this section, the term "conviction" includes the
findings in juvenile proceedings specified in Section 13105.
   (b) (1) Whenever the court suspends driving privileges pursuant to
subdivision (a), the court in which the conviction is had shall
require all driver's licenses held by the person to be surrendered to
the court.  The court shall, within 10 days following the
conviction, transmit a certified abstract of the conviction, together
with any driver's licenses surrendered, to the department.
   (2) Violations of restrictions imposed pursuant to this section
are subject to Section 14603.
   (c) When the court is considering suspending or delaying driving
privileges pursuant to subdivision (a), the court shall consider if a
personal or family hardship exists that requires the person to have
a driver's license for his or her own, or a member of his or her
family's, employment or medically related purposes.
   (d) The suspension, restriction, or delay of driving privileges
pursuant to this section shall be in addition to any penalty imposed
upon conviction for the offense.



13202.5.  (a) For each conviction of a person for an offense
specified in subdivision (d), committed while the person was under
the age of 21 years, but 13 years of age or older, the court shall
suspend the person's driving privilege for one year. If the person
convicted does not yet have the privilege to drive, the court shall
order the department to delay issuing the privilege to drive for one
year subsequent to the time the person becomes legally eligible to
drive. However, if there is no further conviction for an offense
specified in subdivision (d) in a 12-month period after the
conviction, the court, upon petition of the person affected, may
modify the order imposing the delay of the privilege.  For each
successive offense, the court shall suspend the person's driving
privilege for those possessing a license or delay the eligibility for
those not in possession of a license at the time of their conviction
for one additional year.
   As used in this section, the term "conviction" includes the
findings in juvenile proceedings specified in Section 13105.
   (b) Whenever the court suspends driving privileges pursuant to
subdivision (a), the court in which the conviction is had shall
require all driver's licenses held by the person to be surrendered to
the court.  The court shall within 10 days following the conviction
transmit a certified abstract of the conviction, together with any
driver's licenses surrendered, to the department.
   (c) (1) After a court has issued an order suspending or delaying
driving privileges pursuant to subdivision (a), the court, upon
petition of the person affected, may review the order and may impose
restrictions on the person's privilege to drive based upon a showing
of a critical need to drive.
   (2) As used in this section, "critical need to drive" means the
circumstances that are required to be shown for the issuance of a
junior permit pursuant to Section 12513.
   (3) The restriction shall remain in effect for the balance of the
period of suspension or restriction in this section. The court shall
notify the department of any modification within 10 days of the order
of modification.
   (d) This section applies to violations involving controlled
substances or alcohol contained in the following provisions:
   (1) Article 7 (commencing with Section 4110) of Chapter 9 of
Division 2 of, and Sections 25658, 25658.5, 25661, and 25662 of, the
Business and Professions Code.
   (2) Division 10 (commencing with Section 11000) of the Health and
Safety Code.
   (3) Section 191.5, subdivision (a) or (b) of Section 192.5, and
subdivision (f) of Section 647 of the Penal Code.
   (4) Section 23103 when subject to Section 23103.5, Section 23140,
and Article 2 (commencing with Section 23152) of Chapter 12 of
Division 11 of this code.
   (e) Suspension, restriction, or delay of driving privileges
pursuant to this section shall be in addition to any penalty imposed
upon conviction of a violation specified in subdivision (d).



13202.6.  (a) (1) For every conviction of a person for a violation
of Section 594, 594.3, or 594.4 of the Penal Code, committed while
the person was 13 years of age or older, the court shall suspend the
person's driving privilege for not more than two years, except when
the court finds that a personal or family hardship exists that
requires the person to have a driver's license for his or her own, or
a member of his or her family's, employment, school, or medically
related purposes. If the person convicted does not yet have the
privilege to drive, the court shall order the department to delay
issuing the privilege to drive for not less than one year nor more
than three years subsequent to the time the person becomes legally
eligible to drive. However, if there is no further conviction for
violating Section 594, 594.3, or 594.4 of the Penal Code in a
12-month period after the conviction, the court, upon petition of the
person affected, may modify the order imposing the delay of the
privilege. For each successive offense, the court shall suspend the
person's driving privilege for those possessing a license or delay
the eligibility for those not in possession of a license at the time
of their conviction for one additional year.
   (2) A person whose driving privilege is suspended or delayed for
an act involving vandalism in violation of Section 594, 594.3, or
594.4 of the Penal Code, may elect to reduce the period of suspension
or delay imposed by the court by performing community service under
the supervision of the probation department. The period of suspension
or delay ordered under paragraph (1) shall be reduced at the rate of
one day for each hour of community service performed.  If the
jurisdiction has adopted a graffiti abatement program as defined in
subdivision (f) of Section 594 of the Penal Code, the period of
suspension or delay ordered under paragraph (1) shall be reduced at
the rate of one day for each day of community service performed in
the graffiti abatement program when the defendant and his or her
parents or legal guardians are responsible for keeping a specified
property in the community free of graffiti for a specified period of
time. The suspension shall be reduced only when the specified period
of participation has been completed. Participation of a parent or
legal guardian is not required under this paragraph if the court
deems this participation to be detrimental to the defendant, or if
the parent or legal guardian is a single parent who must care for
young children.  For purposes of this paragraph, "community service"
means cleaning up graffiti from any public property, including public
transit vehicles.
   (3) As used in this section, the term "conviction" includes the
findings in juvenile proceedings specified in Section 13105.
   (b) (1) Whenever the court suspends driving privileges pursuant to
subdivision (a), the court in which the conviction is had shall
require all drivers' licenses held by the person to be surrendered to
the court. The court shall, within 10 days following the conviction,
transmit a certified abstract of the conviction, together with any
drivers' licenses surrendered, to the department.
   (2) Violations of restrictions imposed pursuant to this section
are subject to Section 14603.
   (c) The suspension, restriction, or delay of driving privileges
pursuant to this section shall be in addition to any penalty imposed
upon conviction of a violation of Section 594, 594.3, or 594.4 of the
Penal Code.


13202.7.  (a) Any minor under the age of 18 years, but 13 years of
age or older, who is an habitual truant within the meaning of Section
48262 of the Education Code, or who is adjudged by the juvenile
court to be a ward of the court under subdivision (b) of Section 601
of the Welfare and Institutions Code, may have his or her driving
privilege suspended for one year by the court.  If the minor does not
yet have the privilege to drive, the court may order the department
to delay issuing the privilege to drive for one year subsequent to
the time the person becomes legally eligible to drive.  However, if
there is no further truancy in the 12-month period, the court, upon
petition of the person affected, may modify the order imposing the
delay of the driving privilege.  For each successive time the minor
is found to be an habitual truant, the court may suspend the minor's
driving privilege for a minor possessing a driver's license, or delay
the eligibility for the driving privilege for those not in
possession of a driver's license, for one additional year.
   (b) Whenever the juvenile court suspends a minor's driving
privilege pursuant to subdivision (a), the court may require all
driver's licenses held by the minor to be surrendered to the court.
The court shall, within 10 days following the surrender of the
license, transmit a certified abstract of the findings, together with
any driver's licenses surrendered, to the department.
   (c) When the juvenile court is considering suspending or delaying
a minor's driving privilege pursuant to subdivision (a), the court
shall consider whether a personal or family hardship exists that
requires the minor to have a driver's license for his or her own, or
a member of his or her family's, employment or for medically related
purposes.
   (d) The suspension, restriction, or delay of a minor's driving
privilege pursuant to this section shall be in addition to any other
penalty imposed by law on the minor.



13202.8.  The restrictions specified in Section 13202.5 for the
violations specified in that section may include, but are not limited
to, the installation and maintenance of a certified ignition
interlock device pursuant to Section 13386.  Any restriction is
subject to the provisions of Section 13202.5 relating to
restrictions.



13203.  In no event shall a court suspend the privilege of any
person to operate a motor vehicle or as a condition of probation
prohibit the operation of a motor vehicle for a period of time longer
than that specified in this code.  Any such prohibited order of a
court, whether imposed as a condition of probation or otherwise,
shall be null and void, and the department shall restore or reissue a
license to any person entitled thereto irrespective of any such
invalid order of a court.



13205.  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.


13206.  Whenever a court suspends the privilege of a person to
operate a motor vehicle, the court shall require the person's license
to be surrendered to it.  Unless required by the provisions of
Section 13550 to send the license to the department, the court shall
retain the license during the period of suspension and return it to
the licensee at the end of the period after indorsing thereon a
record of the suspension.



13207.  Whenever a court suspends the privilege of any person to
operate a motor vehicle, the suspension shall apply to all driver's
licenses held by him, and all licenses shall be surrendered to the
court.


13208.  In any criminal proceeding, without regard to its
disposition, wherein the defendant is charged with a violation of
Division 11 (commencing with Section 21000), the court may, if it has
reason to believe that any of the conditions specified in Section
12805 or 12806 exist, recommend to the department that an
investigation be conducted to determine whether the driving privilege
of that person should be suspended or revoked.  In making the
recommendation, the court shall state the basis for the belief that
the condition exists and whether the defendant relied upon the
condition as a part of his or her defense.  The department may
provide a form for the court's convenience.



13209.  Before sentencing a person upon a conviction of a violation
of Section 23152 or 23153, the court shall obtain from the department
a record of any prior convictions of that person for traffic
violations.  The department shall furnish that record upon the
written request of the court.
   Notwithstanding the provisions of Section 1449 of the Penal Code,
in any such criminal action the time for pronouncement of judgment
shall not commence to run until the time that the court receives the
record of prior convictions from the department.



13210.  In addition to the penalties set forth in subdivision (a) of
Section 245 of the Penal Code, the court may order the suspension of
the driving privilege of any operator of a motor vehicle who commits
an assault as described in subdivision (a) of Section 245 of the
Penal Code on an operator or passenger of another motor vehicle, an
operator of a bicycle, or a pedestrian and the offense occurs on a
highway.  The suspension period authorized under this section for an
assault commonly known as "road rage," shall be six months for a
first offense and one year for a second or subsequent offense to
commence, at the discretion of the court, either  on the date of the
person's conviction, or upon the person's release from confinement or
imprisonment.  The court may, in lieu of or in addition to the
suspension of the driving privilege, order a person convicted under
this section to complete a court-approved anger management or "road
rage" course, subsequent to the date of the current violation.

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