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Thread: License Suspension Code Question

  1. #1
    Pebusculous is offline Junior Member
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    Wink License Suspension Code Question

    California Family Code 17520(f)(2) regarding DMV notice requirements for driver's license suspension based on noncompliance with child support orders states that a license will be suspended indefinitely until DMV receives a release from the child support agency. It then goes on to say that any license suspended "will remain so until the expiration of the remaining license term..." "License term" is given under subd. (3)(B) of the same code section as, "12 months from the date the application fee is received." Is it suspended indefinitely or until the remaining license term expires? : p [thx!]
  2. #2
    justalayman is offline Senior Member
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    here is the actual section 17520(f)(2)

    (2) In the case of licensees named on a supplemental list, the
    notice shall inform the licensee that his or her license will
    continue in its existing status for no more than 150 calendar days
    from the date of mailing or service of the notice and thereafter will
    be suspended indefinitely unless, during the 150-day notice period,
    the board has received a release from the local child support agency
    that submitted the name on the certified list. Additionally, the
    notice shall inform the licensee that any license suspended under
    this section will remain so until the expiration of the remaining
    license term, unless the board receives a release along with
    applications and fees, if applicable, to reinstate the license during
    the license term.

    and I can find no 17520(f)(3)(B)

    I can find the verbiage you quote in 17520(e)(2)(B). Is that the section you were quoting?

    [url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=17001-18000&file=17500-17561]CA Codes (fam:17500-17561)[/url]

    posting snippets of subsections let is useless. Not only do you have to read the entire section, you have to read the main section for that subsection, you also often have to read the title section as well.
  3. #3
    Pebusculous is offline Junior Member
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    Correct. I'm mixing apples with oranges [it's the weekend; full moon, 3-Dog Night concert...] 12 month term applies only to commercial and only on compliance; otherwise 150 days. Regular license 150 days w/possible add'l 150 with good cause unless not in compliance more than 4 months.

    Many rebuttable presumptions about notice in this mix [VC 13106 (a)]. If DMV gives notice of revocation by mail at last known address and its not returned as undeliverable, there's rebuttable presumption that a person has knowledge of it. On the other hand, a person must tell DMV within 10 days if the person moves or has a new mailing address [VC 14600(a)].

    So if one fails to report a new mailing address to DMV and, therefore, does not receive notice, one will not have knowledge of it. Is it still rebuttable when it's by one's own neglect for purposes of a "timely request" for a review of the license suspension? [FC 17800 within 90 days after parent knew or should have known].
  4. #4
    ecmst12 is online now Senior Member
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    Once the license expires I would expect the suspension is irrelevent since they won't be able to renew the license until the suspension is lifted...so the license will be "expired" instead of suspended.
  5. #5
    Pebusculous is offline Junior Member
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    Well yes, I suppose. But meanwhile, there's that 90-day period to address the issue of suspension that starts to run from the date one knew or should have known about it. That's where it gets murky. There's a rebuttable presumption that if notice was mailed, it was received......or not....
  6. #6
    LdiJ is offline Senior Member
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    Quote Originally Posted by Pebusculous View Post
    Well yes, I suppose. But meanwhile, there's that 90-day period to address the issue of suspension that starts to run from the date one knew or should have known about it. That's where it gets murky. There's a rebuttable presumption that if notice was mailed, it was received......or not....
    Of course, if people pay their child support the way that they are supposed to pay it, they don't have to worry about the matter at all.
  7. #7
    Artemis_ofthe_Hunt is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Of course, if people pay their child support the way that they are supposed to pay it, they don't have to worry about the matter at all.
    If that were to happen, we'd have to find somewhere else to exercise our specific skills.
  8. #8
    CourtClerk is offline Senior Member
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    Quote Originally Posted by should_I_ask View Post
    If that were to happen, we'd have to find somewhere else to exercise our specific skills.
    Hey, I work in a courthouse. There are plenty of other kinds of deadbeats I could deal with...
  9. #9
    Artemis_ofthe_Hunt is offline Senior Member
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    Quote Originally Posted by CourtClerk View Post
    Hey, I work in a courthouse. There are plenty of other kinds of deadbeats I could deal with...
    I don't deal with deadbeats... I deal with.... nevermind.
  10. #10
    Pebusculous is offline Junior Member
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    Well said, should_I_ask. I hear what you're saying, LdiJ. I'm a single parent of 4 who's never seen a dime of support from the absent parent. So, please. Don't waste others time with the obvious. If you can't answer a question, kindly leave it.
  11. #11
    Pebusculous is offline Junior Member
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    LdiJ

    in aqua sanitas
  12. #12
    tuffbrk is offline Senior Member
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    Rude people do not receive answers.
  13. #13
    Pebusculous is offline Junior Member
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    In vino veritas

    LdiJ ~ "Of course, if people pay their child support the way that they are supposed to pay it, they don't have to worry about the matter at all."

    And if all human beings and laws of the land were purely flawless, the same could be said [duh].

    tuffbrk ~ "Rude people do not receive answers."

    Bias is incapable of delivering meaningful, informative advice. For those to whom this analogy is offensive, FreeRudeLecture.com is suggested.
  14. #14
    BigMouthWino is offline Member
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    Here is what will happen if you haven't actually signed for or received the notice of license suspension in California:

    You will have contact at some point in the future with law enforcement. They will see that your license is suspended, serve you a notice in person and confiscate your license. Then if you continue to drive the next contact you have with law enforcement will have you sitting in a jail cell for driving on a suspended license.
    not2cleverRed likes this.
  15. #15
    CdwJava is online now Senior Member
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    You came back after more than two years simply to scold someone who replied?!? Wow!
    Ohiogal and not2cleverRed like this.
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