Tuesday, July 31, 2012

I Didn't Get a Pink Paper About My License, Can The DMV Still Suspend?

It is well known that the court and the dmv are separate when it comes to a dui in california.  The process starts with the officer handing the arrested person a pink paper that outlines the suspension process and serves as a temp license pending the formal suspension.  But what about those individuals that never got a pink temporary license and notice of suspension?  Can the DMV take action against the person without this crucial step? 

The answer to this inquiry involves first understanding the purpose of the document.  It is an actual "notice of intent" to suspend and under california law the suspended driver must be given notice of the action in order for the suspension to have any real teeth vis a vis a later arrest for driving on a suspended license (VC14601).  Therefore, the short answer to the question would be, no, it would be improper to take a license without that step.  However, two things could occur.  One, the officer may lie and tell the DMV that he gave the notice.  Two, the DMV can cure the defect by mailing a subsequent notice to the licensee and the right to requesting a hearing starts from the mailing of that notice.  Either way the bottom line is that the accused must receive some type of notification in order for the suspension to be used against the person down the road.