Section § 14400

Explanation

This law section states that if someone's privilege to drive is denied, canceled, suspended, or revoked by the Department of Motor Vehicles, they can still take the issue to court. The court has the authority to review the DMV's decision as allowed by the state's Constitution and laws.

Nothing in this code shall be deemed to prevent a review or other action as may be permitted by the Constitution and laws of this State by a court of competent jurisdiction of any order of the department refusing, canceling, suspending, or revoking the privilege of a person to operate a motor vehicle.

Section § 14401

Explanation

If someone wants to challenge a decision by the Department of Motor Vehicles (DMV) about their driving privileges, like a refusal, cancellation, probation, suspension, or revocation, they must start their court action within 90 days of receiving notice of the decision.

After finishing all administrative appeals, the DMV will notify the person in writing about their right to have a court review.

(a)CA Vehicle Code § 14401(a) Any action brought in a court of competent jurisdiction to review any order of the department refusing, canceling, placing on probation, suspending, or revoking the privilege of a person to operate a motor vehicle shall be commenced within 90 days from the date the order is noticed.
(b)CA Vehicle Code § 14401(b) Upon final completion of all administrative appeals, the person whose driving privilege was refused, canceled, placed on probation, suspended, or revoked shall be given written notice by the department of his or her right to a review by a court pursuant to subdivision (a).