How Do California Vehicle Code section 40509.5 Holds Work?

California Vehicle Code section 40509.5 has probably caused more Californians sudden anxiety attacks and cold sweat nightmares than any terrorist attack or environmental disaster.

Why? How you ask? California Vehicle Code Section 40509.5 is the law that allows the Department of Motor Vehicles to suspend a persons drivers license if they miss a court date or fail to pay a fine on time. And when a person loses their drivers license, regardless of their occupation, often their livelihood and standard of living for them individually and for their family is in danger.
If you are one of the millions (yes, MiLLinons) of people with a suspended drivers license due to a Vehicle code section 40509.5 hold, You need to know how it works. And here it is - section 40509.5 holds work like this:

if a person misses a court date or fails to pay a fine on time, the court notifies the Department of Motor Vehicles (as prescribed by section 40509.5). Once DMV receives the 40509.5 notice, they begin the suspension process.

The process happens likes this: the DMV usually sends a 30 day suspension notice to the driver at their address as listed in the DMVs records. The law requires DMV to send the notice to the address on file, and requires all drivers to maintain a current address with the DMV. Failure to keep DMV notified of your current address is a misdemeanor crime. (Change Your Address with DMV now)
The DMVs 40509.5 notice usually states that the drivers license will be suspended effective in 30 days, and the basis for the suspension. The law assumes that the DMVs address record is correct, and once the notice is sent to the address (usually by certified mail), the clock starts.

Upon the mailing of the notice, the driver has 30 days to correct the problem. in the case of a 40509.5 hold, this means 30 days to talk the court into removing the Vehicle code section 40509.6 hold on a case. Most courts (but not all) will release the hold once a court date is made.

Once the Veh. Coed sec. 40509.5 hold is released by the court, the court notifies DMV and the drivers license suspension ends (usually the next day, but it varies from court to court for unknown reasons).

However, the drivers license does not become valid again automatically. In many cases, a driver must pay a re issuance fee to DMV and/or take a new drivers test to completely reinstate a drivers license suspended under Vehicle Code section 40509.5.

TIPS ON DEALING WITH 40509.5 HOLDS:

1. Keep your address current with DMV;

2. If you miss a court date and get a notice from DMV, go to the court ASAP or hire an attorney;

2.5 Once in court, specifically ask for the 40509.5 hold to be released. (many courts require a fee from $10-15 but it is free in some courts. If you have not paid for it, you should be suspicious.)

3. Once the 40509.5 hold is removed by the court, call the DMV driver safety office to confirm the status of your license; and

4. Never, drive without a valid drivers license in your pocket, proof of insurance and valid registration. - OH - and never with one or more lights out!

Christopher Dort, Esq.

www.dortlaw.com

cdort@dortlaw.com

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