Veh. Code, § 13353.8 · Article 3. Suspension and Revocation by Department
Veh. Code, § 13353.8
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) After the department has issued an order suspending or delaying driving privileges as a result of a violation of subdivision (a) of Section 23136, the department, upon the petition of the person affected, may review the order and may impose restrictions on the person’s privilege to drive based upon a showing of a critical need to drive, if the department determines that, within 10 years of the current violation of Section 23136, the person has not violated Section 23136 or been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 191.5 or subdivision (a) of Section 192.5 of, the Penal Code, and that the person’s driving privilege has not been suspended or revoked under Section 13353, 13353.1, or 13353.2 within that 10-year period.
(b) For purposes of this section, a conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, 23153, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code.
(c) As used in this section, “critical need to drive” means the circumstances that are required to be shown for the issuance of a junior permit pursuant to Section 12513.
(d) The restriction shall be imposed not earlier than the 31st day after the date the order of suspension became effective and shall remain in effect for the balance of the period of suspension or restriction in this section.
Notes and commentary — not statutory text
History
Amended by Stats. 2007, Ch. 747, Sec. 26. Effective January 1, 2008.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=13353.8.
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- sha256 c88d9291ca9ba31a2151d22379174a20b4a57de0efbd8670aa02e002b07555ee
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Vehicle Code
- Veh. Code, § 12513Printed as Section 12513
- Veh. Code, § 13353Printed as Section 13353, 13353.1, or 13353.2
- Veh. Code, § 13353.1Printed as Section 13353, 13353.1, or 13353.2
- Veh. Code, § 13353.2Printed as Section 13353, 13353.1, or 13353.2
- Veh. Code, § 23103Printed as Section 23103
- Veh. Code, § 23103.5Printed as Section 23103.5
- Veh. Code, § 23136Printed as Section 23136
- Veh. Code, § 23140Printed as Section 23140, 23152, 23153 | Section 23140, 23152, or 23153
- Veh. Code, § 23152Printed as Section 23140, 23152, 23153 | Section 23140, 23152, or 23153
- Veh. Code, § 23153Printed as Section 23140, 23152, 23153 | Section 23140, 23152, or 23153
Cited by 2 provisions
Provisions in this library whose text cites Veh. Code, § 13353.8. Each shows the citation as that text prints it.
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