California Vehicle Code 40509.5 Case Law

In Caliifornia, Vehicle Code 40509.5 allows the Department of Motor Vehicles (DMV) to suspend your driver's license after you miss a scheduled court date. However, you have 30-day advance notice in which to reschedule and pay a fee.

40509.5 Hold

• The court will notify the DVM of a 40509.5 Hold and the DMV will send a notice to the driver's mailing address informing him that his driver's license has been suspended for failure to appear in court.

30 Days

• The notice sent from the DMV states that the individual's driver's license will be suspended in 30 days, giving the driver one month to correct the problem.

Release

• To have a 40509.5 Hold released from her record, an individual may ask the county clerk to release the hold once a new court date is set. If that is not possible, she can ask the judge during the actual court appearance. Occasionally districts wait until all fines are paid before releasing the 40509.5 hold.

Reinstated

• Once the court releases the 40509.5 Hold, the DMV will be notified and the driver must visit the DMV to get the license reinstated. Typically a fee for reinstatement is expected at the time of visit.