2007 California Vehicle Code Article 4. Procedure

CA Codes (veh:13550-13559)

VEHICLE CODE
SECTION 13550-13559



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.


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.



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.



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.



13555.  A termination of probation and dismissal of charges pursuant
to Section 1203.4 or a dismissal of charges pursuant to Section
1203.4a 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.


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.




13557.  (a) The department shall review the determination made
pursuant to Section 13353, 13353.1, or 13353.2 relating to any person
who has received a notice of an order of suspension or revocation of
the person's privilege to operate a motor vehicle pursuant to
Section 13353, 13353.1, 13353.2, 23612, or 13382.  The department
shall consider the sworn report submitted by the peace officer
pursuant to Section 23612 or  13380 and any other evidence
accompanying the report.
   (b) (1) If the department determines in the review of a
determination made under Section 13353 or 13353.1, by a preponderance
of the evidence, all of the following facts, the department shall
sustain the order of suspension or revocation:
   (A) That the peace officer had reasonable cause to believe that
the person had been driving a motor vehicle in violation of Section
23136, 23140, 23152, or 23153.
   (B) That the person was placed under arrest or, if the alleged
violation was of Section 23136, that the person was lawfully
detained.
   (C) That the person refused or failed to complete the chemical
test or tests after being requested by a peace officer.
   (D) That, except for the persons described in Section 23612 who
are incapable of refusing, the person had been told that his or her
privilege to operate a motor vehicle would be suspended or revoked if
he or she refused to submit to, and complete, the required testing.

   If the department determines, by a preponderance of the evidence,
that any of those facts were not proven, the department shall rescind
the order of suspension or revocation and, provided the person is
otherwise eligible, return or reissue the person's driver's license
pursuant to Section 13551. The determination of the department upon
administrative review is final unless a hearing is requested pursuant
to Section 13558.
   (2) If the department determines in the review of a determination
made under Section 13353.2, by the preponderance of the evidence, all
of the following facts, the department shall sustain the order of
suspension or revocation, or if the person is under 21 years of age
and does not yet have a driver's license, the department shall delay
issuance of that license for one year:
   (A) That the peace officer had reasonable cause to believe that
the person had been driving a motor vehicle in violation of Section
23136, 23140, 23152, or 23153.
   (B) That the person was placed under arrest or, if the alleged
violation was of Section 23136, that the person was lawfully
detained.
   (C) That the person was driving a motor vehicle under any of the
following circumstances:
   (i) When the person had 0.08 percent or more, by weight, of
alcohol in his or her blood.
   (ii) When the person was under the age of 21 years and had 0.05
percent or more, by weight, of alcohol in his or her blood.
   (iii) When the person was under 21 years of age and had a
blood-alcohol concentration of 0.01 percent or greater, as measured
by a preliminary alcohol screening test, or other chemical test.
   If the department determines that any of those facts were not
proven by the preponderance of the evidence, the department shall
rescind the order of suspension or revocation and, provided that the
person is otherwise eligible, return or reissue the person's driver's
license pursuant to Section 13551.  For persons under 21 years of
age, the determination of the department pursuant to this paragraph
is final unless a hearing is requested within 10 days of the
determination, which hearing shall be conducted according to the
provisions of Section 13558.  For persons over 21 years of age, the
determination of the department upon administrative review is final
unless a hearing is requested pursuant to Section 13558.
   (c) The department shall make the determination upon
administrative review before the effective date of the order of
suspension or revocation.
   (d) The administrative review does not stay the suspension or
revocation of a person's privilege to operate a motor vehicle.  If
the department is unable to make a determination on administrative
review within the time limit in subdivision (c), the department shall
stay the effective date of the order of suspension or revocation
pending the determination and, if the person's driver's license has
been taken by the peace officer pursuant to Section 13388, 23612, or
13382, the department shall notify the person before the expiration
date of the temporary permit issued pursuant to Section  13388,
23612, or 13382, or the expiration date of any previous extension
issued pursuant to this subdivision, in a form that permits the
person to establish to any peace officer that his or her privilege to
operate a motor vehicle is not suspended or revoked.
   (e) A person may request and be granted a hearing pursuant to
Section 13558 without first receiving the results of an
administrative review pursuant to this section.  After receiving a
request for a hearing, the department is not required to conduct an
administrative review of the same matter pursuant to this section.
   (f) A determination of facts by the department under this section
has no collateral estoppel effect on a subsequent criminal
prosecution and does not preclude litigation of those same facts in
the criminal proceeding.


13558.  (a) Any person, who has received a notice of an order of
suspension or revocation of the person's privilege to operate a motor
vehicle pursuant to Section 13353, 13353.1, 13353.2, 13388, 23612,
or  13382 or a notice pursuant to Section 13557, may request a
hearing on the matter pursuant to Article 3 (commencing with Section
14100) of Chapter 3, except as otherwise provided in this section.
   (b) If the person wishes to have a hearing before the effective
date of the order of suspension or revocation, the request for a
hearing shall be made within  10 days of the receipt of the notice of
the order of suspension or revocation.  The hearing shall be held at
a place designated by the department as close as practicable to the
place where the arrest occurred, unless the parties agree to a
different location.  Any evidence at the hearing shall not be limited
to the evidence presented at an administrative review pursuant to
Section 13557.
   (c) (1) The only issues at the hearing on an order of suspension
or revocation pursuant to Section 13353 or 13353.1 shall be those
facts listed in paragraph (1) of subdivision (b) of Section 13557.
Notwithstanding Section 14106, the period of suspension or revocation
specified in Section 13353 or 13353.1 shall not be reduced and,
notwithstanding Section 14105.5, the effective date of the order of
suspension or revocation shall not be stayed pending review at a
hearing pursuant to this section.
   (2) The only issues at the hearing on an order of suspension
pursuant to Section 13353.2 shall be those facts listed in paragraph
(2) of subdivision (b) of Section 13557.  Notwithstanding Section
14106, the period of suspension specified in Section 13353.3 shall
not be reduced.
   (d) The department shall hold the administrative hearing before
the effective date of the order of suspension or revocation if the
request for the hearing is postmarked or received by the department
on or before 10 days after the person's receipt of the service of the
notice of the order of suspension or revocation pursuant to Section
13353.2, 13388, 23612, or  13382.
   (e) A request for an administrative hearing does not stay the
suspension or revocation of a person's privilege to operate a motor
vehicle.  If the department does not conduct an administrative
hearing and make a determination after an administrative hearing
within the time limit in subdivision (d), the department shall stay
the effective date of the order of suspension or revocation pending
the determination and, if the person's driver's license has been
taken by the peace officer pursuant to Section 13388, 23612, or
13382, the department shall notify the person before the expiration
date of the temporary permit issued pursuant to Section  13388,
23612, or 13382, or the expiration date of any previous extension
issued pursuant to this subdivision, provided the person is otherwise
eligible, in a form that permits the person to establish to any
peace officer that his or her privilege to operate a motor vehicle is
not suspended or revoked.
   (f) The department shall give written notice of its determination
pursuant to Section 14105.  If the department determines, upon a
hearing of the matter, to suspend or revoke the person's privilege to
operate a motor vehicle, notwithstanding the term of any temporary
permit issued pursuant to Section 13388, 23612, or 13382, the
temporary permit shall be revoked and the suspension or revocation of
the person's privilege to operate a motor vehicle shall become
effective five days after notice is given.  If the department
sustains the order of suspension or revocation, the department shall
include notice that the person has a right to review by the court
pursuant to Section 13559.
   (g) A determination of facts by the department upon a hearing
pursuant to this section has no collateral estoppel effect on a
subsequent criminal prosecution  and does not preclude litigation of
those same facts in the criminal proceeding.



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.

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