Vehicle Code 13953 grants the California Department of Motor Vehicles (DMV) significant authority to suspend or revoke driver’s licenses. This code allows for immediate action if the DMV believes a driver has a physical or mental condition that impairs safe driving. This article explains the implications of Vehicle Code 13953, the suspension process, and your rights if your license is suspended under this code.
What is Vehicle Code 13953?
Vehicle Code 13953 empowers the DMV to swiftly suspend or revoke a driver’s license without a prior hearing if an investigation or reexamination reveals an immediate safety risk to the driver or others on the road. This often occurs when a physician or qualified medical professional files a Confidential Morbidity Report with the DMV, indicating a driver’s condition poses a driving hazard. The DMV, presuming the report’s accuracy, may suspend the license even before notifying the driver.
The code states:
“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.”
How 13953 Impacts Drivers
Due to the immediate nature of actions under 13953, drivers may learn about their license suspension after the fact. While distressing, it’s crucial to understand your rights. A driver’s license is a vested property right, protected by Procedural Due Process. This means you have the right to review evidence against you and present a defense.
Time is critical in these situations. You may have as little as five days to contact the DMV after receiving a suspension notice to prevent the suspension from taking effect. A formal “Order of Suspension/Revocation” notice citing Vehicle Code 13953 provides 14 days to request a hearing.
Protecting Your Driving Privileges
If your license is suspended under Vehicle Code 13953, seek legal assistance immediately. Experienced DMV defense attorneys can help:
- Request a Hearing: Timely action is crucial to challenge the suspension.
- Review Evidence: Examine the medical reports and other evidence leading to the suspension.
- Build a Defense: Present medical evaluations and other evidence demonstrating your fitness to drive.
- Negotiate with the DMV: Explore options like restricted licenses or probationary periods.
Conclusion
Vehicle Code 13953 allows the DMV to act swiftly to protect public safety, but it also necessitates a thorough understanding of your rights and the importance of immediate action. Don’t face this alone; seek legal expertise to navigate the complexities of 13953 and fight for your driving privileges. Contacting a qualified attorney specializing in DMV defense is the first step toward regaining your license.
