CALIFORNIA DEPARTMENT OF MOTOR VEHICLES This re

1. Who heads the Department of Motor Vehicles? The Director of Motor Vehicles, who is appointed by, and holds office at the pleasure of, the Governor (West's Ann. Cal. Vehicle Code secs. 295 and 1504).

2. What statutory provisions authorize the agency? DMV is authorized by sec. 1500 of the Vehicle Code. The Department was originally established by sec. 101 of the 1935 Vehicle Code. DMV is a part of the Business, Transportation and Housing Agency. It has been variously called the Motor Vehicle Department, the Division of Motor Vehicles of the Department of Finance and the Division of Motor Vehicles of the Department of Public Works.

3. Who created the agency? The California legislature, Assembly and Senate.

4. What regulations are applicable? Vehicle Code. According to sec. 1503 of the Vehicle Code, Ch. 2, commencing at sec. 11150 of Part 1 of Division 3 of title 2 of the Government Code, "shall govern and apply to the conduct of the department." Other Codes which may apply include the Health and Safety Code, sec. 11370, 11400 et seq. and 11425.10 of the Government Code (Administrative Procedures Act), Business & Professions Code, Penal Code, Evidence Code, Finance Code, secs. 22000 et seq., secs. 1792 and 1793 of the Civil Code and sec. 1094.5 of the Code of Civil Procedure. On constitutional issue

. . .
nt (secs. 13353.2, 13557(b)(2) and 13954). Anyone who has had his license suspended or revoked on driving under the influence (DUI) grounds before he is convicted has the right to an administrative hearing before the date on which the suspension or revocation becomes effective, generally 45 days after the arrest (sec. 13558(b)). "The request for the hearing shall be made within 10 days of the receipt of the notice of the order of suspension or revocation." California courts have upheld the right of DMV to suspend drivers licenses in DUI cases under the 1989 Administrative Law (sec. 13353.2) even when no conviction has occurred, Gikas v. Zolin, 6 Cal.4th 841, 25 Cal. Rptr.2d 500, 863 P.2d 745 (1993) and Peretto v. Department of Motor Vehicles, 235 Cal. App.3d 449, 462, 1 Cal. Rptr.2d 392, 400 (1991). Arguments that the administrative suspension and a later criminal conviction constitute double jeopardy have been rejected, see Baldwin v. Department of Motor Vehicles, 35 Cal. App.4th 1630, 1638-1643 (1995) and Ellis v. Pierce, 230 Ca. App.3d 1557, 1560-61 (1991). The drivers license is restored when the driver is acquitted, but a mere dismissal of the charges isn't an acquittal. See Agresti v., Department of Motor Vehicles, 5 Cal
. . .

Some common words found in the essay are:
Government Code, Vehicle Code, Civ Code, Cal Rptr2d, Professions Code, Civil Procedure, Commercial Code, Vehicle Board, Motor Vehicles, Code Secs, motor vehicles, department motor vehicles, department motor, vehicle code, government code, code secs, cal rptr2d, motor vehicle, cal app4th, code sec, suspension revocation, code civil procedure, license suspended revoked, sec 10945 code, vehicle code secs,
Approximate Word count = 2581
Approximate Pages = 10 (250 words per page)

More Essays on CALIFORNIA DEPARTMENT OF MOTOR VEHICLES This re