Case: Hernandez v. Calif. Department of Motor Vehicles

RG16836460 | California state trial court

Filed Date: 2016

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.)

This is a case about the California Department of Motor Vehicles' (DMV) practice of suspending driver's licenses for failure to pay traffic debt. The Department of Motor Vehicles (DMV) is authorized pursuant to Section 13365(a) of the Vehicle Code to suspend a driver’s license upon a violation of Section 40508, referred to as the Misdemeanor Statute, which makes it a misdemeanor for a traffic offender to willfully violate a promise to appear in court. The DMV suspends driver’s licenses upon notification of a failure to appear, even without notification of a violation of the Misdemeanor Statute. The plaintiffs filed a complaint alleging that their rights to equal protection and due process were violated because their licenses were suspended without any inquiry into whether their ability to pay.

Summary Authors

Hannah Shilling (11/29/2021)

People


Judge(s)
Attorney for Plaintiff

Askew, Wade Sterling (California)

Beatty, Christopher D. (California)

Attorney for Defendant

Aguilar, Jorge (California)

Becerra, Xavier (California)

Expert/Monitor/Master/Other

Alarcon, Molly J. (California)

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Documents in the Clearinghouse

Document

A156062

Opinion

Hernandez v. Department of Motor Vehicles

California state appellate court

June 2, 2020

June 2, 2020

Order/Opinion

Docket

Last updated Aug. 30, 2023, 2:44 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: 2016

Plaintiffs

Plaintiff Description:

Individuals who had their license suspended for failing to pay their traffic debt in California.

Case Details

Available Documents:

Trial Court Docket

Any published opinion